\ 


\ 


Thomas  Jefferson. 

From  the  painting  by  Gilbert  Stuart,  1805. 


Autobiography 

of 

Thomas  Jefferson 

I743~I79o 

Together  with 
A  Summary  of  the  Chief  Events  in  Jefferson's  Life 


An  Introduction  and  Notes  by 
Paul   Leicester  Ford 

and 

A  Foreword  by 
George  Haven  Putnam 


G.  P.  PUTNAM'S  SONS 

NEW    YORK    AND    LONDON 

Ifmtcfcerbocfcer  press 

1914 


In  compliance  with  current  copyright 

law,  U.  C.  Library  Bindery  produced 

this  replacement  volume  on  paper 

that  meets  the  ANSI  Standard  Z39.48- 

1984  to  replace  the  irreparably 

deteriorated  original 

1995 


C   35 

A 


A 


CONTENTS 


PAGE 


FOREWORD         .                 iii 

INTRODUCTION   .                 ix 

CHIEF  EVENTS  IN  JEFFERSON'S  LIFE          .        .        .  xxxiii 

AUTOBIOGRAPHY 3 

Jefferson's  family — Education — Elected  to  legislature 
— Marriage — Political  disputes  with  England — Origin  of 
Committees  of  Correspondence — Rallying  the  people — 
Prepares  Summary  View — Elected  to  Congress — Drafts 
a  Declaration  on  taking  up  arms — Congressional  debates 
on  Declaration  of  Independence — Text  of  the  Declaration 
of  Independence — Congressional  debates  on  Confedera 
tion — Leaves  Congress  and  attends  Virginia  legislature 
— Drafts  bills — Aids  in  preparing  a  proposed  code — 
Elected  Governor — Elected  to  Congress — Plans  money 
unit — Proposes  Committee  of  Congress — Proceedings  on 
English  treaty — Appointed  .  to  negotiate  European 
treaties — Sails  for  France — Prepares  Notes  on  Virginia — 
Negotiates  with  European  states — Proposes  united  action 
against  Barbary  states — Beginning  of  the  French  revolu 
tion — The  federal  constitution — Dangers  from  the  ju 
diciary — Bankruptcy  of  the  union — Progress  of  the 
French  revolution — Meeting  of  "Patriots"  at  Jefferson's 
house — Jefferson  sails  for  America — Accepts  position  of 
Secretary  of  State — Calls  on  Franklin — Conduct  of  W.  T. 
Franklin — Jefferson  arrives  at  New  York. 


FOREWORD 


The  Autobiography  left  by  Thomas  Jefferson 
belongs  to  the  literature  of  the  Nation.  The  import 
ant  part  played  by  the  great  Virginian  in  the  organ 
ization  of  the  Republic  and  in  the  leadership  of  affairs 
during  the  first  three  or  four  Administrations,  the 
distinctive  character  of  the  man,  his  imagination, 
his  intellectual  force,  and  his  patriotism,  have  served 
to  make  Thomas  Jefferson  a  great  figure  in  American 
history.  Even  his  fiercest  opponents  in  his  own 
generation  and  of  later  years,  those  who  believed 
that  his  theories  would  prove  detrimental  to  the 
interests  of  the  State,  have  been  ready  to  admit  that 
he  had  honestly  at  heart  the  welfare  of"  his  fellow- 
citizens  and  of  mankind,  and  to  admit  further  that 
he  must  take  rank  among  the  great  Americans. 

The  peculiar  value  that  is  possessed  by  a  narrative 
in  autobiographical  form  does  not  rest  on  the  pro 
bability  that  the  statement  of  facts  or  the  record  of 
facts  and  the  motives  which  influence  action  would 
be  presented  more  accurately  than  in  a  narrative  by 
another  hand.  It  may  easily  be  the  case  that  the 
memory  of  a  writer  as  to  the  events  of  his  earlier 
life  will  not  prove  as  trustworthy  as  records  left  by 
his  contemporaries.  The  writer  of  an  autobiography 


IV 


Foreword 


will  not  only  be  confused  in  his  memories,  but  these 
memories  may  themselves  be  affected  by  vanity, 
of  by  the  natural  human  desire  to  put  the  best  ap 
pearance  upon  one's  individual  actions  and  utterances, 
and  to  estimate  at  its  full  value  any  service  that  has 
been  rendered  to  the  community.  Autobiographies 
must,  of  course,  differ  very  materially  in  their  trust 
worthiness,  according  to  the  character  and  the  tem 
perament  of  their  several  writers.  No  biographical 
record  can,  however,  preserve  the  distinctive  person 
ality  of  a  man  in  the  way  in  wrhich  such  personality 
is  revealed  in  a  diary  or  autobiographical  subject. 
A  man's  character  and  nature  are  indicated  as  well  by 
the  matters  in  which  he  is  reticent  as  by  those  con 
cerning  which  he  claims  or  believes  himself  to  be 
making  a  full  and  candid  presentation  of  the  action 
and  of  the  motive  for  the  action. 

An  autobiographical  sketch  written  in  later  life 
presents  evidence  also  of  changes  in  point  of  view,  of 
the  development  of  character,  and  of  the  acceptance 
of  later  beliefs,  convictions,  and  ideals.  The  descrip 
tions  given  by  an  old  man  of  his  own  actions  in  youth, 
even  when  not  accompanied  by  any  express  criticism 
or  detailed  analysis,  possess  interest  and  value  as 
pictures  of  the  double  personality — that  of  youth  and 
that  of  maturity. 

It  is  very  much  to  be  regretted  that  the  narrative 
of  Jefferson,  the  writing  of  which  was  begun  in  1821, 
in  his  seventy -seventh  year,  is  brought  down  only  to 
the  29th  of  July,  1790.  His  life  extended  from  1743 
to  1826,  a  period  which  included  the  development  of 
the  colonies,  the  strenuous  years  of  the  War  of  the 


Foreword  v 

Revolution,  and  the  critical  period  of  the  organiza 
tion  and  re-organization  of  the  State.  Jefferson's 
opinions  of  the  events  of  the  second  Administratioft 
of  Washington  and  of  the  Administration  of  Adams 
would  have  had  a  special  interest.  His  own  two 
Administrations  covered  the  years  1801-1809,  but 
his  opinions  as  to  the  management  of  affairs  by  his 
successor,  James  Madison,  who  had  the  mortification 
of  being  driven  out  of  the  Capitol  by  the  British 
invader,  and  of  the  work  done  by  James  Monroe 
would  have  possessed  historic  value  and  personal 
interest. 

There  is  much,  however,  both  of  value  and  of 
interest  in  the  pages  that  were  put  into  shape  and 
that  have  fortunately  been  preserved.  After  pre 
senting  the  data  concerning  the  Jefferson  family, 
the  narrative  proceeds  with  a  record  of  the  events 
preceding  the  Revolution, — events  in  which  Jeffer 
son's  leadership  was  important.  One  of  the  first 
general  statements  made  in  behalf  of  the  contentions 
of  the  colonists,  was  written  in  1774  by  Jefferson 
under  the  title  of  "A  Summary  View  of  the  Rights  of 
British  America:"  The  author  tells  us  that  the 
pamphlet  found  its  way  to  England,  and,  with  some 
additions,  was  utilized  by  Mr.  Burke  and  his  asso 
ciates  and  ran  through  several  editions. 

Jefferson  claims  that  the  credit  for  initiating  the 
committees  of  correspondence  belongs  not  to  Massa 
chusetts  but  to  Virginia.  The  first  of  such  committee 
work  was  done  under  his  direction  in  Virginia,  as  far 
back  as  1773.  The  account  of  the  placing  in  the 
hands  of  Jefferson  the  task  of  preparing  the  famous 


VI 


Foreword 


Declaration  of  Independence  is  given  in  full,  and 
is  probably  the  chief  authority  on  the  matter. 

In  the  later  constitutional  discussions,  Jefferson 
placed  himself  with  the  group  which  contended  that 
representation  in  Congress  should  be  based  upon 
population  or  on  voters.  He  saw  no  reason  why 
10,000  people  should,  by  calling  themselves  a  state, 
secure  as  large  a  representative  power  in  the  Govern 
ment  as  belonged  to  50,000  people.  The  jealousy 
and  apprehensions  of  the  smaller  states,  such  as 
Rhode  Island  and  Delaware,  that  the  Government 
might  be  entirely  controlled  by  states  like  Pennsyl 
vania,  Virginia,  and  New  York  proved,  as  we  know, 
sufficient  to  secure  an  equal  state  representation  in  the 
Upper  House  of  Congress.  It- was  supposed  that  the 
evil  of  this  disproportioned  representation  would  at 
least  be  restricted  to  the  original  group  of  states; 
but  in  comparatively  recent  history,  we  have  seen 
a  still  greater  inequity  in  the  authority  given  to 
Nevada  with  70,000  inhabitants  to  control  through 
its  two  senators,  a  decision  of  the  Senate  and  through 
the  Senate  of  the  whole  Government,  in  regard  to  a 
financial  policy  to  which  the  great  states  of  the 
country  were  opposed. 

Jefferson  was,  in  1787,  appointed  U.  S.  Minister 
to  Paris,  and  the  latter  portion  of  the  Diary  is  taken 
up  chiefly  with  his  account  of  the  beginnings  of  the 
French  Revolution  and  his  analysis  of  the  causes  and 
events. 

The  students  of  American  history  will  not  fail 
to  bear  in  mind  the  long  contest  between  the  advo 
cates  of  a  strong,  or  at  least  a  sufficiently  strong, 


Foreword 


Vll 


central  government,  of  whom  Hamilton  was  the 
leader,  and  those  who,  apprehensive  of  the  tyranny 
of  a  central  authority,  preferred  to  maintain  the  full 
independence  of  the  states,  even  at  the  sacrifice  of 
National  power  and  effectiveness — a  group  of  which 
Jefferson  was  the  acknowledged  representative. 

The  constitution  of  1789,  carried  through  the 
influence  of  Hamilton,  represented  important  con 
cessions  made  to  the  views  of  the  Jeffersonians,  some 
of  which  had  troublesome  results  in  the  later  history 
of  the  Republic.  I  may  mention,  among  others,  the 
including  of  slaves  in  the  proportion  of  three  slaves 
to  two  white  men  in  the  basis  of  representation 
for  the  slave-holding  states ;  the  acceptance  of  a 
site  on  the  banks  of  the  Potomac,  that  is  to  say, 
in  Southern  territory,  for  the  new  Capital.  The 
power  given  to  the  slave  holders  in  Congress  through 
the  counting  of  the  slaves  as  if  they  were  a  part  of 
their  voting  constituency,  resulted  in  strengthening 
through  the  long  series  of  years,  the  authority  of  the 
South  in  the  House  of  Representatives,  and  delayed 
any  effective  action  on  the  part  of  the  Free  states 
in  bringing  about  the  restriction  of  slavery.  The 
position  of  Washington  on  the  banks  of  the  Potomac 
brought  about  no  small  difficulties  later  in  the  shaping 
of  the  campaigns  of  the  Civil  War.  The  necessity 
for  the  protection  of  the  Capitol  interfered  materially 
with  the  action  of  the  armies  of  the  North  and  must 
have  delayed  for  a  long  period  of  months  the  final 
decision  of  the  contest. 

The  results  of  the  Civil  War  brought  the  Nation  to 
a  substantial  acceptance  of  the  theories  of  Hamilton. 


Vlll 


Foreword 


The  Government  as  developed  under  the  I3th,  i4th, 
and  1 5th  amendments  to  the  Constitution,  was  made 
'strong  enough  to  control  peace  at  home  and  to 
maintain  the  authority  and  dignity  of  the  Nation 
abroad.  The  occasional  difficulties  arising  from 
independent  state  action,  such  as  that  of  Louisiana 
eighteen  years  back  in  its  friction  with  Italy,  and 
that  of  California  during  the  past  few  years  in  its 
state  laws  affecting  the  interests  of  the  Japanese, 
are  examples  of  what  is  probably  the  last  remnant 
of  the  Jeffersoniari  theories  of  state  rights.  The 
American  citizen  of  to-day  is  unwilling  to  believe  that 
any  right  of  action  should  be  left  to  the  state  that 
can  interfere  with  obligations  and  international  rela 
tions  of  the  National  Government.  The  fact,  how 
ever,  that  certain,  and  probably  the  more  important, 
of  Jefferson's  theories,  having  been  fairly  tested,  have 
been  put  to  one  side,  or  have  been. fought  to  one  side, 
does  not  prevent  the  citizen  of  to-day  from  holding 
in  affectionate  regard  the  author  of  the  Declaration  of 
Independence  who,  through  his  distinguished  ser 
vices,  and  his  high  ideals  is  to  be  ranked  among  the 
greatest  of  American  citizens. 

G.  H.  P. 

NEW  YORK,  January  1914. 


INTRODUCTION 


The  political  theories  and  usages  origina'ted  or 
adopted  by  Thomas  Jefferson  have  shown  such  per 
sistence  and  permanence  in  their  value  to  our  people 
and  government  as  to  demonstrate  a  far  deeper  and 
broader  principle  underlying  them  than  is  always 
recognized.  In  popular  estimation,  Jefferson  stands 
as  the  founder  of  the  Democratic  party,  and  the 
developer  of  the  theory  of  State  Rights;  and  on 
these  foundations  are  based  the  so  called  "Jeffer- 
sonian  principles,"  and  the  respect  and  acceptance, 
as  well  as  the  criticism  and  Contravention,  accorded 
to  them.  That  this  basis  '  was  deemed  sufficient 
during  his  life,  is  natural,  for  judgment  of  a  living 
man  must  always  be  partial  and  superficial.  That 
this  limited  view  should  during  that  time  acquire 
prestige  and  momentum  enough  to  project  it  into 
history,  is  not  strange,  the  more  that  the  logical 
conclusions  of  certain  theories  advanced  by  him 
suited  the  policy  of  one  of  our  political  parties.  The 
acceptance  of  this  limited  view  has  enabled  his  an 
tagonists  and  critics  to  charge,  him  with  hypo 
crisy,  opportunism,  and  even  lack  of  any  political 
principles,;  and  the  contradictions  and  instability 
they  have  cited  in  his  opinions  and  conduct  have 


x  Introduction 

embarrassed  even  his  most  devoted  adherents.  If  this 
limited  view  is  still  to  be  accepted  as  sufficient  and 
final,  these  criticisms  must  stand: — His  advocacy 
of  a  weak  national  government ;  with  his  complaints 
that  it  was  "a  rope  of  sand,"  and  his  far-reaching 
augmentations  to  its  power.  His  advocacy  of  a 
strict  construing  of  our  constitution;  and  yet  his 
so  exceeding  the  implied  powers  granted  by  it,  as 
to  make  it,  in  his  own  words,  "waste  paper."  His 
support  of  the  State  governments  as  "sovereign"; 
and  his  dislike  and  attempted  changes  in  and  over 
riding  of  their  constitutions.  His  arguments  in 
favor  of  an  absolutely  independent  jury  and  judi 
ciary;  and  his  attacks  on  both.  His  desire  for  a 
national  navy;  and  his  later  opposition.  His  de 
mands  that  the  executive  and  legislative  depart 
ments  should  be  beyond  reciprocal  influence;  yet, 
when  president,  his  interference  in  the  latter  to  an 
extent  which  led  to  a  stinging  rebuke  on  the  floor 
of  Congress  in  open  debate.  His  dread  of  a  partizan 
civil  .service  as  a  means  of  influencing  and  defeating 
free  elections,  and  his  oft  repeated  claim  that  public 
officers  should  be  selected  only  on  their  merit ;  while 
himself  inaugurating  the  spoils  system,  sending  his 
political  friends  commissions  in  blank,  and  retaining 
a  federalist  official  "because  of  his  connections." 
His  disapproval  of  the  re-eligibility  of  the  president, 
and  advocacy  of  rotation  in  office  to  prevent  the 
creation  of  a  bureaucracy ;  with  his  subsequent  will 
ingness  that  the  former  should  serve  more  than  two 
terms,  and  his  writing  to  a  superannuated  appointee, 
"would  it  be  a  relief  to  transfer  the  office  to  your 


Introduction  xi 

son,  for  your  use,  with  the  understanding  that  it 
should  be  afterwards  continued  with  him  for  the 
benefit  of  the  family?"  His  opposition  to  the  alien 
act;  and  his  framing  of  a  bill  directed  against  for 
eigners  of  far  greater  injustice  than  that  enactment. 
His  support  of  the  passage  of  the  funding  and  as 
sumption  act;  ^and  his  unending  opposition  to  its 
execution.  His  condemnation  of  the  national  bank, 
not  merely  on  constitutional  grounds,  but  because 
he  believed  it  to  be  unduly  influencing  the  national 
government;  yet  when  himself  at  the  head  of  that 
government  advocating  "a  judicious  distribution" 
of  favors  to  that  and  other  banks  "  to  engage  the 
individuals  who  belong  to  them  in  support"  of  his 
administration.  JJis  early  opposition  to  national 
internal  improvements,  his  later  recommendation  of 
this  policy  to  Congress,  and  his  final  resolutions 
declaring  it  unconstitutional.  His  arguments  and 
labors  in  opposition  to  slavery;  while  owning  many 
negroes,  and  rerusing  to  act  as  executor  of  a  will 
because  the  testator  freed  his  slaves — And  many 
other  actions  apparently  implying  so  little  principle, 
or  views  so  shifting,  as  superficially  to  reduce  them 
to  nothing  else  than  a  mass  of  inconsistencies,  each 
one  notable  only  for  its  immediate  results.  Judged 
by  these  standards,  the  marvel  of  the  Federalists  and 
his  later  critics,  that  he  should  have  been  the  chosen 
instrument  of  American  democracy,  is  proper.  The 
scholarly  and  reclusive  nature  of  his  tastes  and 
studies;  the  retiring  and  limited  character  of  his 
intercourse  with  the  world ;  the  influence  of  his 
social  equals;  his  dislike  of  party  and  personal 


xii  Introduction 

antagonism ;  and  his  sensitiveness  to  abuse  and  criti 
cism,  make  his  acceptance  of  that  leadership,  as 
strange  a  problem,  as  that  the  people  should  have 
chosen  for  their  representative  a  man  lacking  nearly 
all  of  the  personal  qualities  which  are  presumed  to 
win  popularity  with  the  masses.  And  only  explic 
able  from  the  narrow  view  of  his  critics  as  the  suc 
cess  of  an  ambitious  and  unprincipled  self-seeking 
man,  attained  by  astuteness  and  chicane  so  great  as 
to  deceive  the  masses. 

But  if  the  people  embody  the  total  of  human 
thought  and  experience,  as  our  political  theories 
maintain,  there  are  better  reasons  than  these  for  his 
elevation,  and  for  the  political  influence  his  name 
has  carried  for  over  one  hundred  years — better 
reasons  than  the  leadership  of  a  party,  or  a  fine-spun 
theory  of  the  respective  powers  of  the  state  and 
national  governments.  The  explanation  of  these  ap 
parent  anomalies  lies  deeper  than  any  mere  matter 
of  individuality,  party  success,  or  rigid  political  plat 
form.  To  understand  why  Jefferson  became  "a 
man  of  the  people,"  and  for  what  reasons  and  pur 
poses  they  made  him  their  leader,  we  must  study 
certain  forces  and  tendencies  then  working  in 
America. 

In  the  never-ending  struggle  between  the  so  called 
"classes"  and  "masses,"  not  the  least  interesting 
phase  is  that  which  occurred  in  the  revolutionary 
period  in  this  country.  Although  the  colonies  were 
nominally  ro}^al  appendages,  legislated  for  by  King 
and  Parliament,  the  difficulties  of  governing  at  such 
distance  and  other  conditions,  had  compelled  the 


Introduction  xiii 

granting  to  them,  or  an  acquiescence  in  their  exer 
cising,  a  large  degree  of  local  self-government.  In 
conceding  this,  the  attempt  had  been  made,  and  in 
most  cases  successfully,  to  place  power  in  the  hands 
of  the  classes;  so  as  to  build  up  a  colonial  aristo 
cracy,  subservient  to  the  wishes  of  the  mother  country. 
And  as  the  colonies  grew  and  became  objects  of 
greater  interest  to  Great  Britain,  this  tendency  be 
came  more  and  more  marked.  But  the  conditions 
of  the  country  were  not  suited  for  class  or  central 
ized  government.  The  wilderness  made  every  man 
a  land-holder,  and  the  vast  extent  of  territory  and 
its  sparse  settlement  rendered  civil  authority  unable 
to  exercise  its  force,  and  therefore  hardly  a  factor 
in  its  influence  on  the  people.  Yet  the  lawlessness 
of  the  new  settlements,  and  the  Indians  on  the 
frontier,  compelled  the  maintenance  of  some  kind 
of  authority,  and  so  each  settler,  and  each  commun 
ity,  became  largely  the  law-maker  and  administrator 
of  their  own  affairs.  Thus  it  was  that  local  self- 
government,  based  solely  on  manhood,  was  tested 
and  became  the  cardinal  principle  of  American 
government. 

Such  was  the  trending  development  of  the  people, 
when  the  policy  of  England  between  1764  and  1775, 
towards  her  American  colonies,  united  them  in  op 
position  to  her  rule.  That  opposition,  and  the  great 
movement  towards  democratic  government,  were  by 
events  so  blended,  that  they  have  since  stood  as  one 
in  the  public  mind.  Yet  they  were  entirely  differ 
ent,  most  of  our  great  revolutionary  leaders  depre 
cating  the  latter;  and  while  events  converted  some 


Introduction 

few  to  the  democratic  theory  of  power,  the  majority 
never  ceased  to  fear  the  people.  Had  it  not  been 
for  the  exigencies  of  the  war,  which  compelled  an 
appeal  to  the  masses,  to  destroy  the  royal  govern 
ment,  and  to  fight  the  mother  country,  it  is  probable 
that  they  would  not  have  gained  any  political  power 
from  -national  independence.  But  in  the  interreg 
num  between  the  destruction  of  the  old  and  the  crea 
tion  of  the  new  governments,  much  was  gained,  not 
merely  in  actual  exercise  of  rights,  but  in  experience; 
for  the  masses  learned  that  self -organized  bodies  of 
men,  acting  under  no  legal  authority,  could  rule  a 
whole  country  by  mere  recommendations;  that  a 
dependent  government  is  the  strongest  in  the  world, 
for  it  must  accord  with  public  opinion,  and  therefore 
meet  with  public  support;  that  constitutions  and 
laws  are  but  ink  and  paper  unless  they  approximate 
to  that  sole  origin  of  force  and  authority;  and  that 
it  is  not  the  government  which  supports  the  people, 
but  the  people  who  support  the  government. 

The  masses  are  by  their  nature  and  condition, 
however,  negative  rather  than  positive,  and  when 
constructive,  rather  than  destructive  or  obstructive 
force  is  required,  they  are  compelled  to  delegate  a 
portion  of  their  powers.  Thus,  in  the  re-building  of 
government,  the  classes  secured  an  influence  far  out 
of  proportion  to  their  numbers.  In  the  State  consti 
tutions,  the)7  succeeded  in  somewhat  curtailing  and 
limiting  the  popular  control ;  and  later,  in  the  forma 
tion  of  our  national  constitution  they  sought  still 
further  to  wrest  powers  from  the  people,  both  by 
grants,  which  interposed  barriers  to  the  direct  dele- 


Introduction  xv 

gatlon  of  power  from  the  people  to  the  executive, 
judiciary,  and  one  of  the  legislative  branches,  and 
by  clauses  purposely  worded  so  as  to  leave  the  ques 
tion  of  the  quantity  of  power  granted  to  the  decision 
of  men  who  would  almost  certainly  be  drawn  from 
the  classes.  And  a  resulting  political  party  at 
tempted  to  carry  this  policy  still  further.  Had  gov 
ernment  been  merely  a  matter  of  intellect  and 
ability,  the  Federalists  would  have  succeeded  in 
controlling  and  fixing  its  character  in  this  country. 
That  when  they  had  done  their  work  of  construc 
tion,  they  were  excluded  from  office,  without  ever 
comprehending  the  reason,  proves  how  little  they 
understood  the  tendency,  intelligence,  and  power  of 
the  forces  they  were  attempting  to  circumscribe. 
Unlike  the  Federalists,  Jefferson  was  willing  to  dis 
card  the  tradition  of  ages — that  the  people  must  be 
protected  against  themselves  by  the  brains,  money, 
and  better  "elements"  of  the  country — and  for  this 
reason  American  democracy  made  him-  its  chosen 
agent  and  mouth-piece. 

To  understand  why  Jefferson  was  one  of  the  few 
men  of  intellect  of  his  time  able  to  appreciate,  sym 
pathize  with,  and  aid  this  popular  movement,  a 
retrospect  of  certain  factors  in  his  life  and  times  is 
necessary.  Inheriting  unsettling  tendencies  of  mind, 
he  was  from  an  early  age  a  thorough  skeptic  of  tradi 
tion  and  precedent.  In  his  own  words,  he  never 
"  feared  to  follow  truth  and  reason  to  whatever  re 
sults  they  led,  and  bearding  every  authority  which 
stood  in  their  way."  Almost  alone  of  the  revolu 
tionary  leaders,  he  was  born  on  the  frontier,  which, 


xvi  Introduction 

as  already  stated,  was  the  ultimate  of  local  self- 
government.  Among  those  conditions  he  passed  the 
formative  period  of  his  life,  and  as  representative  of 
this  district  he  made  his  first  essay  in  politics,  na 
turally  as  an  advocate  and  defender  of  the  demo 
cratic  mountaineers.  In  the  Virginia  Assembly,  in 
which  his  earliest  battles  were  fought,  the  strongest 
line  of  party  division  was  between  the  aristocratic 
"planter"  interest — great  landed  and  slave-holding 
proprietors,  with  the  prestige  and  inertia  of  favorable 
laws  and  offices — and  the  "settler"  interest — inhab 
iting  the  frontier,  far  from  the  law  or  protection"  of 
government,  but  strong  in  numbers,  independence, 
and  necessities; — and  in  these  conflicts  he  learned 
how  absolutely  selfish  and  grasping  all  class  legisla 
tion  is.  Then  came  the  Revolution,  and  Jefferson 
saw  governments,  deriving  their  authority  from 
laws  innumerable,  and  their  force  from  the  strongest 
nation  of  Europe,  utterly  destroyed,  with  hardly  a 
blow,  merely  through  their  non-recognition  by  the 
masses.  With  the  Committees  of  Safety  and  the 
Congresses  which  succeeded,  he  saw  the  experiment 
of  "  a  government  of  the  people,  by  the  people,  for 
the  people,"  established  and  tested.  Had  he  been  in 
America  between  1784  and  1788,  he  too  might  have 
become  doubtful  as  to  how  far  the  masses  could 
control  themselves,  for  the  reaction  of  the  revolu 
tionary  struggle  was  severe,  and  strained  democratic 
institutions  almost  to  anarchy.  But  at  this  time  he 
was  in  France,  witnessing  another  great  struggle  be 
tween  the  privileged  and  unprivileged.  So  he  re 
turned  to  America,  true  to  the  influences  and  lessons 


Introduction  xvii 

of  his  life,  to  find  his  theories  in  disfavor  with  the 
conservative,  and  government  slipping  more  and 
more  from  the  control  of  the  governed.  And  be 
cause  he  believed  that  only  the.  people  truly  knew 
what  the  people  needed;  that  those  who  could  take 
care  of  themselves  were  wise  and  practical  enough 
to  help  care  for  the  nation;  and  that  the  only  way 
of  enforcing  laws  was  that  they  should  be  made  by 
those  who  are  to  obey  them,  he  undertook,  with  re 
luctance  and  self-sacrifice,  to  be  the  instrument  of 
popular  action.  That  he  was  the  founder  of  the 
Democratic  party  is  a  claim  little  less  than  absurd, 
for  there  always  has  been,  and  always  will  be,  such 
a  party.  But  he  united  the  democratic  elements  on 
certain  principles  and  objects,  and  proved  himself 
such  a  leader  as  the  party  has  seldom  been  able  to 
obtain. 

Recognition  of  what  he  endeavored  to  accomplish 
explains  many  of  his  apparent  inconsistencies.  The 
dominant  principle  of  his  creed  was  that  all  powers 
belonged  to  the  people,  and  that  governments,  con 
stitutions,  laws,  precedent,  and  all  other  artificial 
clogs  and  "  protections,"  arc  entitled  to  respect  and 
obedience  only  as  they  fulfilled  their  limited  function 
of  aiding— not  curtailing — the  greatest  freedom  to 
the  individual.  For  this  reason,  he  held  that  no 
power  existed  to  bind  the  people  or  poster  it)',  except 
by  their  own  acts.  For  this  reason,  he  was  the  strict 
construer  of  the  national  constitution,  where  he  be 
lieved  it  destructive  of  personal  freedom ;  and  con 
strued  it  liberally  where  it  threatened  to  limit  the 
development  of  the  people.  He  was  the  defender  of 


xviii  Introduction 

the  State  governments;  for  he  regarded  them  as  a 
ne.cessary  division  for  local  self-government  and  as 
natural  checks  on  the  national  power,  and  so  a  safe 
guard  to  the  people.  That  he  appealed  to  them  in 
his  resolutions  of  1798,  was  because  he  believed  the 
people  for  once  unable  to  act  for  their  own  interest, 
and  the"  theories  of  that  paper  are  a  radical  and 
short-lived  contradiction  of  his  true  beliefs.  Be 
cause  he  believed  the  national  judiciary  and  the  na 
tional  bank  to  be  opposed  to  the  will  of  the  people, 
he  attacked  them.  Because  he  believed  he  was 
furthering  the  popular  will,  he  interfered  in  the 
legislative  department  and  changed  office-holders. 
Because  he  wished  them  free  to  think  and  act,  he 
favored  separation  from  England,  abolition  of 
slavery,  free  lands,  free  education,  freedom  of  re 
ligion,  and  the  largest  degree  of  local  self-govern 
ment.  His  methods  and  results  were  not  always 
good.  His  character  and  conduct  had  many  serious 
flaws.  Yet  in  some  subtle  way  the  people  under 
stood  him,  and  forgave  in  him  weaknesses  and  de 
fects  they  have  seldom  condoned.'  And  eventually 
this  judgment  will  universally  obtain,  as  the  fact  be 
comes  clearer  and  clearer,  that  neither  national  in 
dependence,  nor  state  sovereignty,  with  the  national 
and  party  rancors  that  attach  to  them,  were  the 
controlling  aim  and  attempt  of  his  life ;  that  no  party 
or  temporary  advantage  was  the  object  of  his  en 
deavors,  but  that  he  fought  for  the  ever  enduring 
privilege  of  personal  freedom. 


*** 


Introduction  xix 

The  proof  for  this  view  of  Jefferson  must  be  sought 
in  such  of  his  writings  as  are  still  preserved: 

In  the  Journal  of  the  House  of  Burgesses  of  Vir 
ginia  for  May  9,  1769,  are  a  series  of  resolutions  in 
tended  to  serve  as  a  basis  for  the  reply  of  that  body 
to  the  speech  of  their  newly  arrived  governor.  Re 
markable  here  only  for  their  intense  obsequiousness 
and  adulation,  these  resolutions  merit  notice  as  the 
first  public  paper  drawn  by  Thomas  Jefferson.  As 
a  lawyer,  however,  Jefferson  was  already  known. 
Few  of  his  arguments  have  been  preserved,  but  these 
few  give  evidence  that  he  was  already  out  of  spirit 
with  his  surroundings.  The  man  who  could  argue 
that  human  servitude  was  "  a  violation  of  the  law  of 
nature";  that  under  those  laws,  "all  men  are  born 
free,  every  one  comes  into  the  world  with  a  right  to 
his  own  person,  which  includes  the  liberty  of  moving 
and  using  it  at  his  own  will ' ' ,  and  that  "  Christianity 
neither  is  nor  ever  was  a  part  of  the  common  law," 
was  clearly  not  in  sympathy  with  a  slave-holding 
community,  living  under  an  established  church,  and 
ruled  by  a  royal  governor. 

His  next  public  paper  was  of  much  the  same  form, 
though  differing  greatly  in  nature  from  his  first.  It 
was  a  series  of  resolutions  intended  for  the  guidance 
and  adoption  of  the  self  -  constituted  convention 
which  met  in  August,  1774,  and  the  difference  in 
tone  almost  tells  the  history  of  those  intervening 
years.  Then,  the  interests  of  England  and  America 
were  "inseparably  the  same."  Now,  only  by  ac 
cepting  the  advice  of  these  resolutions  could  the 
\ '  reciprocal  advantages  of  their  connection ' '  be 


xx  Introduction 

preserved.  The  power  of  Parliament  over  the  colonies 
was  denied;  the  King  instructed  that  he  was  "no 
more  than  the  chief  officer  of  the  people,  appointed 
by  the  laws,  and  circumscribed  with  definite  powers, 
to  assist  in  working  the  great  machine  of  govern 
ment  erected  for  their  use,  and  consequently  subject 
to  their  superintendence";  and  the  assertion  made 
that  the  American  people  possessed  the  sole  power 
of  self-government  and  could  "  exercise  it  to  an  un 
limited  extent."  These  opinions  were  too  extreme 
for  even  a  revolutionary  convention,  but  they  never 
theless  formed  one  more  stepping-stone  in  the  direc 
tion  of  independence  for  the  colonies. 

A  year  later  he  wrote  the  reply  of  the  Virginia 
House  of  Burgesses  to  the  plan  of  reconciliation 
known  as  Lord  North's  "  Motion,"  and  was  the  bearer 
of  it  to  the  Continental  Congress,  of  which  he  had 
been  elected  a  member.  For  this  body,  he  likewise 
wrote  a  second  reply  to  the  "Motion,"  as  well  as  a 
"Declaration"  on  the  United  Colonies  taking  up 
arms.  But  this  latter  did  not  meet  with  their  ap 
proval,  and  one  prepared  by  Dickinson  was  taken  in 
its  stead;  and  a  comparison  of  the  two  certainly  jus 
tifies  the  Congress.  He  also  drafted  a  number  of 
minor  papers  for  that  body,  and  prepared  a  plan  for 
an  executive  government  by  a  committee  of  Con 
gress — an  attempt  not  then  realized,  but  which  was 
later  in  an  elaborated  form  to  be  again  proposed  by 
Jefferson,  to  be  tried,  and  to  result  in  failure. 

In  the  Congress  of  1776  he  drafted,  for  the  com 
mittee  of  which  he  was  a  member,  three  reports  deal 
ing  with  Canadian  affairs,  which  are  now  of  interest 


Introduction  xxi 

only  from  the  light  they  throw  on  the  attempt  to 
conquer  that  country.  While  so  occupied,  he 
drafted  a  proposed  constitution  for  his  native  state 
and  forwarded  it  to  the  convention  in  hopes  of  their 
accepting  it,  which  they  failed  to  do.  But  it  is  for 
us  a  most  interesting  paper,  as  illustrating  the  de 
velopment  of  his  political  theories,  the  most  notable 
being  his  acquiescence  in  the  limiting  of  the  franchise 
to  freeholders,  well  knowing  as  he  did,  the  impossi 
bility  of  gaining  from,  the  aristocratic  party  any 
extension  of  the  ballot,  but  neutralizing  this  acquies 
cence  by  distributing  the  public  lands  so  as  to  make 
a  manhood  suffrage ;  his  far-seeing  method  for  dealing 
with  western  colonization,  his  proposed  ending  of 
primogeniture,  test  oaths,  and  the  slave  trade;  and 
his  guarantees  of  freedom  of  religion  and  press.  He 
prepared  a  number  of  other  reports  and  resolutions 
for  Congress,  the  most  worthy  of  notice  being  his 
rules  for  the  government  of  that  body,  which  was 
probably  the  first  step  towards  his  parliamentary 
manual.  His  greatest  work,  however,  was  the  writ 
ing  of  a  vindication  of  the  resolution  of  indepen 
dence,  since  popularly  known  as  the  "  Declaration 
of  Independence."  Jefferson  never  forgave  the  al 
terations  which  the  sectional  interests,  as  also  the 
better  sense  of  the  Congress,  made  in  his  draft,  even 
though  they  were  for  the  most  part  omissions  of 
what  lacked  either  truth  or  dignity.  The  fame  of 
the  paper,  which  is  probably  the  best  known  that 
ever  came  from  the  pen  of  an  individual,  has  led  to 
much  discussion  as  to  its  origin,  and  numerous 
charges  of  plagiarism  have  been  made  against  the 


xxii  Introduction 

author.  That  the  catalogue  of  wrongs  and  griev 
ances  which  constitute  the  body  of  the  declaration 
was  hackneyed  is  beyond  dispute,  for  these  had 
formed  the  basis  of  nearly  every  address  and  petition 
put  forth  by  the  Continental  Congress,  or  Provincial 
Assemblies,  and  had  been  as  well  the  prevailing  sub 
ject  of  written  and  verbal  discussion.  The  preamble 
and  exordium  are  however  the  important  parts,  A 
comparison  of  the  former  with  the  Virginia  Declara 
tion  of  Rights  would  seem  to  indicate  the  source  from 
which  Jefferson  derived  a  most  important  and  popu 
lar  part.  The  latter  was  practically  rewritten  by 
Congress.  But  the  unity  and  phrasing  of  such  a 
paper  constitute  no  small  portion  of  its  composition, 
and  to  embody  the  feelings  and  hopes  of  a  new  na 
tion  in  a  single  paper,  as  Jefferson  did  with  such 
marvellous  success,  makes  it  unique  among  the 
greatest  writings  of  the  world,  and  gives  to  him  an 
honor  that  can  never  end.  With  the  Declaration  of 
Independence  the  Congress  completed  a  change 
which  had  been  slowly  maturing.  From  being  a 
scribe  of  petitions  and  declarations,  it  tended  more 
and  more  to  become  a  war  executive,  and  Jefferson, 
who  achieved  reputation  by  his  philosophic  mind 
and  pen,  and  who  himself  realized  his  lack  of  ability 
in  administration,  found  himself  of  little  use  in  such 
a  body.  Pleading  family  and  other  reasons,  there 
fore,  he  retired  from  Congress  and  took  his  seat  in 
the  Virginia  House  of  Delegates. 

The  great  problem  here  was  a  rebuilding  of  civil 
government  destroyed  by  the  Revolution.  A  con 
stitution  had  been  adopted,  and  under  this  a  legisla- 


Introduction  xxiii 

ture  and  executive  had  been  elected,  but  courts  and 
laws  had  fallen  with  the  royal  government,  and  to 
re-establish  them  in  modified  form  was  the  task  to 
which  Jefferson  set  himself.  With  the  permission  of 
the  legislature,  and  in  conjunction  with  two  col 
laborators,  he  worked  for  nearly  three  years  upon  a 
complete  code,  and  reported  it  to  that  body ;  which 
from  time  to  time  adopted  certain  features  from  it, 
but  neglected  the  larger  part.  In  addition  to  this 
great  work,  he  drafted,  during  his  service  in  this  body, 
many  bills  of  immediate  or  temporary  moment. 
This  was  done  in  a  period  almost  without  precedent, 
when  it  was  necessary  not  merely  to  carry  on  the 
ordinary  forms  of  government,  but  to  conduct  a  war 
in  distant  states  and  territories,  and  repress  dis 
loyalty  and  lawlessness  within  the  limits  of  the  state. 
And  he  was  thwarted  by  parties  and  cliques  formed 
on  geographical  lines,  religious  beliefs,  and  class  feel 
ing,  and  rent  by  personal  hatred  and  cabal.  It  is 
therefore  small  wonder  that  he  aided  in  some  unjust 
and  even  unconstitutional  legislation,  or  that  much 
of  his  that  was  good  should  fail.  But  his  proposed 
bills  for  religious  freedom,  for  the  creation  of  public 
schools,  and  for  the  establishment  of  free  libraries 
.more  than  redeem  his  errors.  His  legislation  con 
tributed  more  than  the  work  of  any  other  man 
to  free  the  aristocratic  colony  of  Virginia  from 
the  "planter"  interest  and  start  it  towards  demo 
cratic  statehood;  and  the  Assembly  proved  that  he 
had  labored  to  their  satisfaction  by  electing  him 
Governor. 

In  an  executive  position,  Jefferson  was  out  of  his 


xxiv  Introduction 

element.  Nothing  was  called  for  or  came  from  his 
pen  but  official  letters  and  proclamations.  His  ad 
ministration  produced  open  murmurs,  and  at  the 
end  of  two  years  he  sought  relief  in  resignation,  with 
the  stigma  of  incompetence,  if  not  of  cowardice,  the 
prevailing  opinion  concerning  him.  Impeachment 
was  attempted  without  success ;  and  later,  when  the 
evils  begun  in  his  term  had  been  overcome,  white 
washing  resolutions  were  adopted  by  the  legislature 
in  his  behalf;  but  they  brought  no  relief  to  his  own 
supersensitiveness,  and  he  hid  himself  in  an  almost 
hermit-like  seclusion  from  the  world,  determined 
never  more  to  hold  public  office. 

Here  he  prepared  for  the  information  of  the  French 
government    his    famous    Notes    on    Virginia.     In 
tended  for  confidential  use  only,  and  written  during 
a  period  of  personal  bitterness,  it  is  most  interesting 
from  its  'outspoken  tone  on  many  subjects.     But 
even  more  notable  is  the  remarkable  mass  of  in 
formation  he   gives    concerning   the   State;    which 
after  a  lapse  of  more  than  one  hundred  years  still 
makes  it  a  valuable  work  of  reference.     During  the  . 
same  period  he  wrote  an  essay  on  the  Art  of  Poesy, 
and  prepared   a  second  proposed   constitution   for     / 
Virginia,  which  illustrated  the  tendency  of  his  mind  ' 
since  he  had   drafted  his  first  in   1776,   the  most 
marked  departure  being  his  direct  attempt  to  ex 
tend  the  franchise. 

Drawn  from  his  retirement  by  the  hope  of  a  foreign 
mission,  the  importunities  of  his  friends  induced  him 
to  accept  an  election  to  the  Continental  Congress. 
In  his  less  than  six  months'  service  in  this  body,  the 


Introduction  xxv 

amount  and  importance  of  his  work  can  hardly  be 
overestimated.  He  was  a  member  of  almost  every 
important  committee  appointed,  and  no  less  than 
thirty-one  papers  were  drafted  by  him.  He  pro 
posed  and  carried  a  plan  for  a  committee  of  Congress 
which  should  sit  during  adjournments.  He  drew 
the  report  and  instructions  for  negotiating  commer 
cial  treaties  with  European  states,  in  which  he  em 
bodied  his  humane  desires  that  fishermen,  farmers, 
and  artisans  engaged  in  their  vocations  should  not 
be  subject  to  capture;  that  undefended  towns  should 
not  be  injured;  that  privateering  should  cease;  and 
commerce,  even  between  belligerents,  should  be  free. 
His  reports  on  the  finances  were  most  elaborate  and 
careful,  and  in  connection  with  these  he  prepared  his 
Notes  on  a  Money  Unit,  which  led  to  the  adoption  of 
the  dollar  as  our  standard  of  value,  and  in  which  he 
was  far-seeing  enough  to  argue  that  "  the  true  pro 
portion  of  value  between  gold  and  silver  was  a  mer 
cantile  problem  altogether,"  and  that  it  was  policy 
"  to  give  a  little  more  than  the  market  price  for  gold 
because  of  its  superior  convenience  in  transporta 
tion."  But  his  greatest  work  was  in  reference  to  the 
western  territories.  His  pen  drafted  the  cession 
which  Virginia  made  to  the  national  government, 
and,  conscious  that  this  "  was  the  time  when  our 
Confederation  with  the  territory  included  within  its 
limits  should  assume  its  ultimate  form,"  he  framed 
a  plan  of  government  for  all  "the  territory  outside 
the  boundaries  of  the  original  states.  The  effect  of 
the  clauses  making  this  territory  forever  part  of  the 
United  States  and  ending  slavery  in  it  after  the  year 


xxvi  Introduction 

1800,  would  have  solved  our  greatest  political  con 
test,  but  these  are  of  small  moment  when  compared 
with  the  system  here  for  the  first  time  established, 
that  the  inhabitants  of  the  public  domain  were  not 
to  be  held  as  subject  colonies,  but  were  to  be  given 
equal  rights  with  the  parent  state.  No  one  enact 
ment  has  had  so  vital  an  influence  on  the  American 
Union ;  and  this  principle  was  extended  by  another 
ordinance,  proposing  a  land  system,  which  must  be 
considered  as  the  first  of  the  national  acts  towards 
distributing  the  public  lands  among  the  people. 

Sent  to  Europe  in  1784  to  aid  in  negotiating  trea 
ties,  and  a  year  later  made  Minister  to  France,  he 
wrote  little  in  the  few  following  years,  other  than 
official  letters.  He  contributed  a  few  anonymous 
articles  to  the  Paris  papers  to  counteract  the  pub 
lished  criticisms  of  America,  and  at  the  request  of 
the  authors  carefully  corrected  certain  historical 
works  on  the  same  subject  which  were  then  appear 
ing.  In  his  diplomatic  function  he  proposed  to  the 
several  European  nations  an  agreement  to  restrain, 
by  united  action,  the  piratical  states  of  North  Africa; 
drafted  a  proposed  Consular  convention  with  France; 
and  prepared  a  careful  and  minute  memoire  on  the 
American  whale  fisheries,  with  the  purpose  of  ob 
taining  from  France  special  exemptions  in  favor  of 
the  oil  sent  from  America.  In  addition,  his  deep  in 
terest  in  the  French  Revolution  led  .Jiim  to  overstep 
the  proper  limits  of  his  office,  and  prepare  a  "  Charter 
of  Rights"  which  he  desired  should  be  adopted  by 
the  States-General. 

Returning  to  America,   he  became  Secretary  of 


Introduction  xxvii 

State  in  Washington's  administration.  His  position 
resulted  in  a  diplomatic  correspondence  and  a  series 
of  reports  to  Congress  on  subjects  referred  to  him. 
But  of  more  interest  are  his  cabinet  opinions  and  the 
messages  he  drafted  for  the  President.  Gradually 
growing  out  of  sympathy  with  the  acts  of  the  Execu 
tive,  he  likewise  recorded  passing  events  and  opinions 
in  notes,  which  have  since  become  famous  under  the 
name  of  "  Anas. "  Later  in  his  life,  he  himself  judged 
it  expedient  to  revise  and  suppress  portions  of  these 
notes,  and  his  editors  took  further  liberties  with  them. 
Yet  even  after  this  double  revision,  they  were  not 
printed  without  apologies  and  regrets  that  they  had 
ever  been  written. 

Retiring  from  the  cabinet  in  1794,  he  resumed  a 
planter's  life,  and  during  this  period,  his  pen  produced 
nothing,  unless  we  except  some  curious  "  Notes  for  a 
Constitution"  for  Virginia.  Having  reference  only 
to  the  legislative  branch,  they  are  too  imperfect  to 
be  of  value,  except  as  a  contrast  to  the  methods  sug 
gested  in  his  proposed  constitutions  of  1776  and  1783. 

Elected  Vice- President  in  1796,  and  so  made  pre 
siding  officer  of  the  Senate,  he  prepared  his  Manual 
of  Parliamentary  Practice,  chiefly  drawn  from  the 
rules  of  Parliament,  as  well  "to  have  them  at  hand 
for  my  own  government,  as  to  deposit  with  the 
Senate  the  standard  by  which  I  judge  and  am  willing 
to  be  judged."  In  this  same  period,  he  wrote  an 
essay  on  Anglo-Saxon;  a  memoir  on  the  discovery 
of  certain  bones  of  an  animal  in  the  western  parts 
of  Virginia;  and  a  description  of  a  mould-board  of 
the  least  resistance  for  ploughs.  He  also  drew  a 


xxviii  Introduction 

protest  for  his  district  against  the  act  of  a  grand 
jury,  employing  in  it  a  train  of  argument,  which,  put 
in  practice,  would  have  ended  the  independence  of 
juries;  and  prepared  a  series  of  resolutions  for  the 
Kentucky  legislature,  which  mark  the  culminating 
point  of  certain  political  tendencies  that  had  been 
developed  by  the  administrations  of  Washington  and 
Adams.  The  platform  of  a  party  for  many  years, 
they  have  become  famous  not  merely  for  the  theory, 
but  for  the  logical  results  of  the  theory,  which  history 
has  given  us.  The  Kentucky  Resolutions  of  '98 
were,  however,  prepared  by  Jefferson  as  a  piece  of 
party  manoeuvring,  he  himself  acknowledging  that 
the  direct  action  of  the  people  rather  than  the  in 
terference  by  the  states,  was  "the  constitutional 
method ' ' ;  and  he  so  thoroughly  understood  the  de 
structive  quality  of  his  argument  that  he  worded  it 
"  so  as  to  hold  that  ground  in  future,  and  leave  the 
matter  in  such  train  as  that  we  may  not  be  commit-" 
ted  to  push  matters  to  extremities,  and  yet  be  free  to 
push  as  far  as  events  will  render  prudent."  In  fact, 
nullification  of  Federal,  not  national  acts,  was  his 
object  in  those  resolutions. 

Raised  to  the  Presidency  in  1801,  he  wrote  many 
messages  and  other  public  papers ;  drew  a  number  of 
bills  and  resolutions  for  Congress  to  pass;  compiled 
an  elaborate  treatise  on  the  boundaries  of  Louisiana ; 
contributed  a  series  of  articles  to  a  newspaper  vindi 
cating  certain  of  his  actions  which  had  met  with  criti 
cism  ;  and  partly  drafted  a  curious  monograph  on  the 
question:  "Will  the  human  race  become  more  per 
fect?"  The  latter  typical  of  his  optimism,  for  when  i 


Introduction  xxix 

all  Europe  was  in  arms,  and  his  own  country  suffer 
ing  many  evils,  he  could  yet  argue  strongly  in  favor 
of  a  steady  progress  towards  perfection. 

After  his  retirement  from  office  in  1809,  he  wrote 
a  "plan  of  an  agricultural  society,"  which  is  of  little 
importance;  sketched  a  paper  on  "  objects  of  finance, 
intended  for  the  guidance  of  the  national  government 
in  the  difficulties  already  felt,  in  which  he  argued 
strongly  against  all  forms  of  fiat  money ;  drew  a  brief 
for  the  government  relative  to  certain  riparian  rights ; 
prepared  at  various  times  biographical  notes  and 
sketches  of  Franklin,  Wythe,  Peyton  Randolph,  and 
Meriwether  Lewis;  planned  and  partially  outlined  a 
work  to  be  entitled  The  Morals  and  Life  of  Jesus  of 
Nazareth;  prepared  an  Autobiography  to  the  year 
1790;  framed  another  series  of  resolutions  opposed 
to  the  action  of  the  national  government ;  and  finally, 
owing  to  press  of  financial  difficulties,  and  in  behalf 
of  a  private  scheme  for  his  own  advantage,  wrote 
vigorously  in  favor  of  lotteries. 

In  addition  to  these,  and  a  number  of  minor  papers, 
Jefferson  carried  on  between  the  years  of  1760  and 
1826  an  enormous  correspondence,  both  private  and 
official,  which  practically  constitutes  the  greater  mass 
of  his  writings.  A  careful  estimate  of  the  letters 
still  in  existence  gives  not  less  than  twenty-five  thou 
sand,  yet  portions  only  of  certain  years  are  still 
extant.  Interesting  not  merely  for  the  opinions  ex 
pressed,  but  for  the  personal  element  they  present, 
they  are  of  equal,  if  not  superior,  importance  to  his 
other  writings. 

#** 


xxx  Introduction 

The  first  of  these  writings  to  appear  in  print  was 
the  resolutions  prepared  for  the  Virginia  House  of 
Burgesses  in  1 769,  which  was  printed  in  their  Journal 
for  that  year.  In  1774,  without  his  knowledge,  his 
friends  caused  the  printing  in  pamphlet  form  of  his 
proposed  instructions  to  the  Virginia  delegates  to  the 
first  Congress.  His  reply  to  Lord  North's  "  Motion" 
was  printed  in  the  Journal  of  Congress  for  1775,  and 
very  generally  in  the  newspaper  press  of  that  year. 
His  Declaration  of  Independence  ran  through  the  col 
onies  like  wildfire,  in  many  printed  forms.  Such  bills 
as  he  drafted,  which  became  laws,  were  printed  in  the 
session  acts  of  Virginia  during  the  years  1776  to  1779. 
Several  of  his  reports  in  the  Congress  of  1783-4  were 
printed  as  broadsides,  and  he  himself  printed  in  the 
same  form  his  Notes  on  a  Money  Unit.  In  1784,  the 
State  of  Virginia  printed,  in  the  Report  of  the  Revi- 
sors,  the  laws  he  had  prepared  for  the  proposed  code. 
And,  in  the  same  year,  he  himself  privately  printed 
his  Notes  on  Virginia  and  his  Draft  of  a  Funda 
mental  Constitution  for  Virginia.  In  1788,  his  06- 
servations  on  the  Whale  Fisheries,  and  the  Consular 
Convention  he  had  agreed  upon  with  France,  were 
printed.  Most  of  his  reports  to  Congress  as  Secre 
tary  of  State,  and  a  part  of  his  correspondence  with 
the  foreign  governments,  were  printed  at  various 
times  between  1790  and  1794,  by  order  of  Congress. 
His  Kentucky  Resohttions  of  1798  were,  in  their 
amended  form,  given  print  and  general  currency  by 
that  state.  His  Mamial  of  Parliamentary  Practice 
was  originally  printed  by  request  in  1800,  and  has 
been  many  times  reprinted.  In  1800,  he  published 


Introduction  xxxi 

his  Appendix  to  the  Notes  on  Virginia,  which  was 
later  issued  as  a  part  of  that  work.  His  inaugural 
speeches  and  messages  as  President  were  published 
in  various  forms  as  they  became  public.  The  argu 
ment  he  prepared  on  the  Batture  case  was  issued  in 
pamphlet  form  in  1812.  His  biographical  sketch  of 
Lewis  was  printed  in  1814  in  the  History  of  the 
Expedition  of  Lewis  and  Clark.  A  volume  of  legal 
reports,  containing  .three  of  his  early  law  arguments, 
edited  by  him  before  his  death,  was  issued  in  1829. 
In  the  same  year,  his  grandson,  Thomas  Jefferson 
Randolph,  as  his  literary  executor,  edited  a  four- 
volume  edition  of  his  writings  and  correspondence, 
including  his  autobiography,  a  small  portion  of  his 
private  correspondence,  a  part  of  his  Anas,  and  a  few 
miscellaneous  papers;  which  was  several  times  re 
printed.  In  1851,  his  Essay  on  Anglo-Saxon  was 
printed  by  the  University  of  Virginia,  and  five  years 
later,  his  correspondence  relating  to  that  institution 
was  included  in  the  History  of  the  University  of  Vir 
ginia.  In  1848,  Congress  purchased  the  larger  part 
of  his  papers,  and  by  their  direction,  H.  A.  Wash 
ington  selected  from  them,  with  a  few  additions  from 
other  sources,  enough  to  make  a  nine- volume  edition 
of  his  writings,  which  naturally  became  the  standard 
collection. 

PAUL  LEICESTER  FORD. 

October  15,  1892. 


PUBLISHERS'  NOTE 

The  publishers  have  thought  it  in  order  to  utilize 
for  this  re-issue  of  Jefferson's  Autobiography  the 
Introduction  prepared  by  the  late  Paul  Leicester 
Ford,  for  the  Federal  Edition  of  Jefferson's  Works. 

In  this  volume  only  the  closing  paragraph,  which 
refers  to  the  sources  from  which  he  collected  the 
material  comprised  in  the  complete  works,  has  been 
omitted  from  Ford's  Introduction. 


CHIEF  EVENTS  IN  JEFFERSON'S  LIFE 

FROM  HIS  BIRTH  IN   1743  TO  HIS  DEATH  IN   1826 


1743.— April  2  [or  13] 

1748. 

1752. 

1757.— August  17. 


1760. 
1762. 

1764. 
1766. 

1767. 
1769. 


-March  25. 
-April  25. 


1770.— 


1771, 


May  8. 

9- 
17- 

Feb.  i. 
May  ii. 

March  14. 

19- 

April  10. 
June  i. 
n. 

October  10. 
December  10. 


1772.— 


Jan.  i. 
Sept.  27. 


Bom  at  Shad  well,  Albemarle  Co.,  Va. 

Attends  English  School  at  Tuckahoe. 

Attends  Latin  School  at  Douglas. 

Death  of  his  father,  Peter  Jefferson. 

Attends  Murray  School. 

Enters  William  and  Mary  College. 

Graduates  from  William  and  Mary. 

Enters  law  office  of  George  Wy the. 

At  Williamsburg. 

Journeys  to  Annapolis,  Philadelphia,  and  New 
York. 

Admitted  to  the  bar  from  Shadwell. 

Elected  a  Burgess  from  Shadwell. 

Attends  House  of  Burgesses. 

At  Williamsburg. 

Drafts  resolutions  in  reply  to  Botetourt. 

House  of  Burgesses  dissolved. 

Signs  Non-importation  Association. 

House  and  library  at  Shadwell  burned. 

Argues  case  ofjrlpweli  v.  NetherlanoT. 

Attends  House  of  Burgesses. 

At  Monticello. 

Attends. County  Court  at  Albemarle. 

Attends  County  Court  at-  Augusta. 

Attends  County  Court  at  Williamsburg. 

At  Monticello. 

Attends  Court  at  Oyer  &  Terminer  at  Williams 
burg. 

Argues  case  of  Godwin  et  al  v.  Lunan. 

Attends  Court  of  Oyer  &  Terminer  at  Williams 
burg. 

Marries  Martha  (Waylies)  Skelton. 

Birth  of  first  daughter,  Martha. 


Chief  Events  in  Jefferson's  Life 


1773.— March  4. 

12. 

October  14. 
1 7 74. --April  3. 
May  9. 
July  26. 

1 775-— Jan.  5. 

March  20. 

23- 

27. 

June  2. 
10. 
21. 


July  31- 
August  9. 

IT. 

16. 

October  2. 

Nov.  1 6. 

23- 

24. 

Dec.  15. 

22. 

1776. — March  31. 
May  21. 


June  2. 
5- 

10. 
n. 


20. 
28. 


Attends  House  of  Burgesses  at  Williamsburg. 

Attends  Committee  of  Correspondence. 

Appointed  Surveyor  of  Albemarle  County. 

Birth  of  second  daughter,  Jane  Randolph. 

Attends  House  of  Burgesses. 

Drafts  the  resolutions  of  Albemarle  Co. 

Writes  "A  Summary  View." 

Elected  member  of  Albemarle  Committee  of 
Safety. 

Attends  Convention  at  Richmond. 

Placed  on  Committee  for  Defense  of  Colony. 

Elected  deputy  delegate  to  the  Continental 
Congress. 

On  Committee  to  Draft  Address  to  the  Governor. 

Prepares  address  to  Governor  Dunmore. 

Attends  Continental  Congress  at  Philadelphia. 

Placed  on  Committee  to  Draft  Declaration  on 
Army  and  Prepares  draft. 

Reports  from  Committee  Draft  and  Reply  to 
Lord  North's  Motion. 

Attends  at  Richmond  Convention  of  Va. 

Reelected  member  of  Continental  Congress. 

Placed  on  Committee  on  Defense. 

Attends  at  Philadelphia  session  of  Continental 
Congress. 

Placed  on  Committee  on  Massachusetts  Papers. 

Placed  on  Committee  on  Currency. 

Placed  on  Committee  on  Condition  of  N.  C. 

Prepares  rules  for  Committee  of  Congress. 

Placed  on  Committee  on  Business  of  Congress. 

Death  of  Jefferson's  mother. 

Draft  of  Report  of  Congressional  Committee  on 
Letters. 

Placed  on  Committee  to  Address  Foreign  Mer 
cenaries. 

Drafts  Constitution  for  Va. 

Placed  on  Committee  for  Procuring  News  and 
vSupplies. 

On  Committee  to  Prepare  Rules  for  Congress. 

On  Committee  to  Prepare  Declaration  of  In 
dependence. 

Draft  Report  of  such  Committee. 

Reelected  member  of  Congress. 

Draft  Report  on  Canada. 

Reports  draft  of  Declaration  of  Independence. 


Chief  Events  in  Jefferson's  Life 


1776- — July  4.  Adopted  Declaration. 

5.  Placed  on  Committee  to  Plan  Seal  for  U.  S. 

6.  Placed  on  Committee  on  Indian  Affairs. 

Aug.  9.  Placed  on  Committee  to  Encourage  Hessians  to 

Desert. 

Sept.  26.  Elected  Commissioner  of  France. 

Oct.  1 1 .  Placed   on    Committee    on     Propositions    and 

Grievances. 
On  Committee  on  Privileges  and  Elections. 

15.  On  Committee  to  Draft  Infantry  Bill. 

16.  On  Committee  to  Draft  Punishment  Bill. 

21.  On  Committee  to  Draft  Bill  to  Remove  Seat  of 

Government  and  on  Committee  to  Draft 
Naturalization  Bill. 

25.  On  Committee  to  Draft  Congress  Bill. 

28.  On  Committee  to  Draft  Bill  to  Define  Treason. 

Nov.  6.  Chosen  one  of  five  to  revise  the  laws. 

7.  On  Committee  to  Draft  Copper-Coinage  Bill, 
n.  Introduces  Bill  to  Remove  Capital. 

1777.— Dec.  13.  On  Committee  to  Draft  Tax  Bill. 

On  Committee  to  Draft  Salary  Bill. 
27.  On  Committee  to  Amend  Small-Pox  Bill. 

1778. — Jan.  20.  On  Committee  to  Draft  Chancery  Court  Bill. 

May  1 8.  On  Committee  toDraft  Bill  forRecovery  of  Debts. 

June  10.  Leaves  Williamsburg. 

Aug.  i.  Third  daughter  born  (Mary  Jefferson). 

I779-— J^n-  22.  At  Williamsburg. 

Nov.  30.  Issues  Proclamation  Laying  Embargo. 

1780. — June  i.  Reelected  Governor  of  Virginia. 

Nov.  3.  Birth  of  fourth  daughter. 

Dec.  31.  Receives  news  of  Leslie's  Invasion. 

1781. — Jan.  2.  Orders  out  militia. 

Feb.  5.  Issues  Proclamation  Concerning  Foreigners. 

April  15.  Death  of  son. 

June  j.  Resigns  Governorship. 

14.  Appointed  by  Congress  Peace   Commissioner, 

which  appointment  he  declines. 

July.  Begins  preparation  of  Notes  on  Virginia. 

Nov.  30.  Elected  delegate  to  Continental  Congress. 

Dec.  10.  Placed  on  Committee  on  Finance. 

19.  Declines  appointment  for  Congress. 

1782. — Sept.  Birth  of  youngest  daughter,  Lucy  Elizabeth. 

6.  .      Death  of  wife. 

Nov.  12.  Appointed  Peace  Commissioner  to  Europe. 

Dec.  19.  Arrives  at  Philadelphia. 


Chief  Events  in  Jefferson's  Life 


1783. — Feb.  14.  Departure  to  Europe  suspended. 

April  i.  Congress  withdraws  appointment. 

June  6.  Elected  delegate  to  Congress. 

10.  Drafts  Constitution  for  Virginia. 

Nov.  4.  Congress  adjourns  to  Annapolis. 

Dec.  16.  Reports  on  definitive  treaty. 

22.  Reports  on  ceremonial  for  Washington. 
27.  Reports  on  ratification  of  treaty. 

1784. — Jan.  14.  Reports  Proclamation  of  British  .Treaty. 

March  i.  Reports  on  Government  for  Western  Territory. 

5.  Reports  on  Indiana. 

12.  Elected  Chairman  of  Congress. 

13.  Placed  on  Committee  on  Qualifications  and  on 

Foreign  Letters. 

30.  Elected  Chairman  of  Congress. 

April  5.  -  Prepares  Notes  on  a  Money  Unit. 

13.  Drafts  resolution  concerning    seat  of    Govern 

ment. 
May  3.  Reports  ordinance  for  Western  lands. 

23.  Report  on   Western   Territory   considered  and 

adopted. 

July  5.  Sails  from  Boston  on  ship  Ceres. 

Aug.  6.  Reaches  Paris, 

10.  At  Passy,  conferring  with  Franklin. 

Sept. 1 3.  Sends  the  first  Notes  on  Virginia. 

15.  At    Versailles,    with    Commissioners,    to    meet 

Vergennes. 

1 6.  The    Commissioners    meet    the    British    Mini 

sters. 

1785. — March  10.  Elected  by  Congress  Minister  to  France. 

May  ii.  Completes  Notes  on  Virginia. 

July  28.  Signs  treaty  with  Prussia. 

November.  Death  in  Virginia  of   the   youngest   daughter, 

Lucy  Elizabeth. 
1786. — March  5.  Leaves  Paris  for  London. 

22.  Presented  at  Windsor  to  the  King. 

23.  Negotiates  treaty  with  Portugal. 

26.  Prepares  with  Adams  pro  jet  of  treaty  with  Great 

Britain. 

May  23.  Plans  treaty  against  Barbary  States. 

Oct.  22.  Prepares  map  of  Virginia. 

Dec.  1 6.  Act  of  Religious  Freedom  passed  by  the  Virginia 

Assembly. 

26.  Publication    of    French    version    of    Notes    on 

Virginia. 


Chief  Events  in  Jefferson's  Life        xxxix 


1787.— Jan.  4. 

April,  May, 

Sept. 

Dec. 

1788.— Feb.  4. 
II. 

April 
June  20. 
1789.— May  8. 

June  3. 
July  17. 
Sept.  25. 
26. 
Oct. 

1790. — Feb.  14. 
28. 


March  29. 


June  7. 
July  4- 

Aug.  22. 

26. 
28. 

Nov.  21. 
Dec.  8. 


1791. 


Feb.  14. 


28. 
May.    . 


July. 


1792. 


Makes  proposition  to  British  creditors. 
June.  Tour  through  France. 

Finishes  map  of  Virginia. 

Publication  in  England  of  "  Notes  on  Virginia." 
;  Leaves  Paris. 

^Declines  membership  in  Society  for  Abolition  of 
Slave  Trade. 

Journey  to  Germany. 

Receives  from  Harvard  degree  of  LL.D. 

Attends  the  opening  at  Versailles  of  the  States- 
General. 

Prepares  charter  for  France. 

Views  ruins  of  Bastille. 

Jefferson  nominated  for  .Secretary  of  State. 

Confirmed  by  Senate. 

.Sails  for  America  on  the  Montgomery. 

Accepts  Secretaryship  of  State. 

Arranges  with  Dutch  bankers  for  a  loan. 

Marriage   of   Jefferson's   daughter   Martha   to 
Thomas  Mann  Randolph. 

Takes   residence  in   Maiden   Lane,   New  York 
City. 

Elected  member  of  American  Arts  and  Sciences. 

Arranges  with  Hamilton   the    Assumption  and 
Capital  Compromise. 

Reports  on  coinage,  weights,  and  measures. 

Drafts  Considerations  on  Navigation  of  Missis 
sippi. 

Opinion  on  Foreign  Debt. 

Opinion  on  course  toward  Britain  and  Spain. 

Takes  residence  in  Philadelphia. 

Draft  of  paragraph  for  President's  Message. 

Prepares  Report  on  Fisheries. 

Reports  on  Algerian  Prisoners. 

Draft  oj:  President's  Message  on  British  Nego 
tiations. 

Opinion  on  National  Bank. 

Offers  Freneau  a  place. 
'  Endorses  Paine's  Rights  of  Man. 

Arranges  with  Freneau  for  the  publication  of  a 
paper. 

Endeavors  to  have  Thomas  Paine  appointed 
postmaster. 

Draft   of   President's   Message  on   Diplomatic 
Nominations. 


xi  Chief  Events  in  Jefferson's  Life 

1792. — Feb.  28.  Announces  to  President  intention  to  leave  office. 

May  23.  Writes  to  Washington  of  intended  resignation. 

Sept.  9.  Writes  to  President  in  defense  of  conduct 

1793. — Jan.  Reconsiders  resignation. 

Feb.  7.  Paper  on   maladministration   (by  Hamilton)  of 

the  Treasury. 

April  8.  Genet  lands  at  Charleston. 

1 8.  Drafts  Cabinet  Opinion  on  Proclamation  and 

French  Minister. 

May  8.  Opposes  Hamilton's  circular  to  collectors. 

July  5.  Receives  call  from  Genet. 

8.  Dissents  from  Cabinet  Opinion  on  Little  Sarah. 

Aug.  2.  Recall  of  Genet  decided  upon  by  the  Cabinet. 

31.  Drafts    Cabinet    Opinion    on    Privateers    and 

Prizes. 

Nov.  16:  Borrows  money. 

23.  Drafts  Message  to  the  President. 
Dec.  31.  Resigns  Secretaryship  of  State. 

1794. — Sept.  Offer  of  foreign  mission. 

1795. — Dec.  Invents  mould-board  for  plough. 

1796. — May  12.  Executes  mortgage  on  his  home. 

Nov.  4.  Elected  Vice-President. 

1797. — Jan.  Elected  President  to  Philosophical  Society. 

1797. — Jan.  25.  Letter  written  to  Mazzei  (in  1796)  printed  in 

Paris. 

March  4.  Sworn  in  as  Vice-President. 

5.  Offer  of  French  Mission. 

May  14.  Mazzei  letter  printed  in  America. 

Oct.  13.  Marriage  of  Maria  Jefferson  to  John  Way  lies 

Eppes. 

1798.— Feb.  19.  X  Y  Z  Message. 

July  6.  Passage  of  the  Alien  Bill. 

14.  Passage  of  the  Sedition  Bill. 

Oct.  Draft  of  the  Kentucky  Resolutions. 

Nov.  14.  Kentucky  Legislature  adopts  resolutions. 

15.  Refuses  Virginia  Resolutions  of  Madison. 
iSoo. — Jan.  18.  Drafts  plan  for  the  University  of  Va. 

Feb.  Prepares  Parliamentary  Manual. 

May.  Republican    Caucus   nominates    Jefferson    and 

Burr. 

June.  Removal  of  the  capital  to  Washington. 

Dec.  14.  Offers  Secretaryship  of  Navy  to  Livingston. 

1801. — Feb.  17.  Election  of  Jefferson  as  President. 

1 8.  Offers  Secretaryship  of  War  to  Dearborn. 

24.  Offers  French  Mission  to  Livingston. 


Chief  Events  in  Jefferson's  Life 


xli 


1801. — Feb.  28.  Farewell  speech  to  Senate. 

March  4.  Inauguration  of  Jefferson  as  President. 

5.  Nominates  Madison,  Dearborn,  and  Lincoln  to 

Cabinet. 

9.  Cabinet  remits  fines  under  Sedition  Law. 

1 8.  Offers  Paine  passage  on  public  vessel. 

May  14.  Appoints  Gallatin  Secretary  of  Treasury. 

15.  Cabinet  discusses  Barbary  War. 

Squadron  ordered  to  Mediterranean. 

July  15.  Appoints  Robert  Smith  Secretary  of  Navy. 

Nov.  28.  Appoints  Granger  Postmaster-General. 

1803. — Jan.  ii.  Nominates  Monroe  Joint  Minister  to  France. 

1 8.  Sends  secret  message  on  Lewis  and  Clark  Ex 

pedition. 
April.  Prepares  estimate  of  Christ. 

ii.  Talleyrand  offers  to  sell  Louisiana. 

May  2.  Louisiana  treaty  signed  at  Paris. 

July.  Frames  Louisiana  Amendment  to  the  Constitu 

tion. 

24.  Appoints  Monroe  Minister  to  Great  Britain. 

Oct.  20.  Louisiana  treaty  ratified  by  Senate. 

1804. — Jan.  8.  Offers  Monroe  Governorship  of  Louisiana. 

Feb.  1 8.  Approves  act  organizing  Louisiana  and  Orleans. 

April  17.  Death  of  daughter  Mary. 

May  26.  Appoints  Monroe  Minister  to  Spain. 

Nov.  Reflected  President  of  United  States. 

19.  Nominates  Bowdoin  Minister  to  Spain. 
1805. — March  2.                  Appoints  Robert  Smith  Attorney-General. 

Appoints    Jacob    Crowninshield-   Secretary    of 

Navy. 

4.  Inaugurated  as  President. 

August.  Prepares  Note  on  Conduct  1780-1. 

Suggests  alliance  with  Great  Britain. 

Dec.  20.  Nominates  John  Breckenridge  Attorney-General 

1806.— Feb.  24.  Aids  Barlow  to  Draft  Bill  for  a  National  Uni 

versity. 

28.  Nominated  Bowdoin  and  Armstrong  Joint  Com 

missioners  to  Spain. 
April  19.  Writes  letter  to  Alexander  of  Russia. 

Nominates  Monroe  and   Pinkney    Joint    Com 
missioners. 

Oct.  25.  Cabinet  decision  on  Burr. 

Nov.  8.  Orders  to  Wilkinson,  in  re  Burr. 

1807. — Jan.  28.  Sends  additional  message  to  Burr. 

31.  Sends  message  on  Cumberland  Road. 


xlii          Chief  Events  in  Jefferson's  Life 

1807. — Feb.  22.  Cabinet  Council  on  British  negotiations. 

Feb.  28.  Writes  to  King  of  Holland. 

March  2.  Sends  Bill  to  End  SUva-Irade. 

30.  Beginning  of  trial  of  Burr. 

June  22.  Capture  of  the  Chesapeake. 

Sept.  i .  Proposes  to  seize  the  Floridas. 

ii.  Acquittal  of  Burr. 

Nov.  ii.  Great  Britain  extends  Orders  in  Council. 

Dec.  22.  Signs  Embargo  Act. 

1808. — Jan.  23.  Refuses  to  recommend  Fast  Day. 

Feb.  19.  Sends  message  on  Cumberland  Road. 

29.  Sends  reply  to  New  York  Society  of  St.  Tam 

many. 

April  19.  Issues  Proclamation  on  Embargo. 

1809. — Jan.  17.  Forced  to  borrow  money. 

March  i.  Sends  repeal  of  Embargo. 

4.  Sends  reply  to  citizens  of  Washington. 

Close  of  Presidential  term. 
Issues  circular  letter  on  Public  Appointments. 
1811. — Jan.  Urges  seizures  of  the  Floridas. 

1812. — April  12.  Sends  Win;  his  recollections  of  Patrick  Henry. 

Dec.  17.  Writes  sketch  of  Meriwether  Lewis. 

1813. — July.  Sells  Mazzei's  property  in  Richmond  and  bor 

rows  purchase  money. 
1814. — Sept,  21.  Offers  Library  to  Congress. 

Nov.  21.  Resigns  presidency   of  American  Philosophical 

Society. 
1815. — Jan.  Congress  passes  Bill  to  Purchase  Library. 

Completes  scheme  for  the  University  of  Va. 
1816. — July  10.  Writes  sketch  of  Peyton  Randolph. 

Oct.  1 6.  Writes  inscription  for  National  Capitol. 

1818. — Sept.  i.  Writes  Anecdotes  of  Franklin. 

1822. — May.  Writes  answer  to  "A  Native  of  Virginia." 

1825. — Dec.  Drafts  Protest  for  Virginia. 

1826. — March  16.  Executes  will. 

July  4.  Death  of  Jefferson. 


AUTOBIOGRAPHY 


THE  WRITINGS 

OF 

THOMAS  JEFFERSON 

AUTOBIOGRAPHY 


1821.  Jan.  6. 

At  the  age  of  77,  I  begin  to  make  some  memo 
randa  and  state  some  recollections  of  dates  &  facts 
concerning  myself,  for  my  own  more  ready  reference 
&  for  the  information  of  my  family. 

The  tradition  in  my  father's  family  was  that  their 
ancestor  came  to  this  country  from  Wales,  and  from 
near  the  'mountain  of  Snowdon,  the  highest  in  Gr. 
Br.  I  noted  once  a  case  from  Wales  in  the  law  re 
ports  where  a  person  of  our  name  was  either  pi.  or 
def.  and  one  of  the  same  name  was  Secretary  to  the 
Virginia  company.1  These  are  the  only  instances 
in  which  I  have  met  with  the  name  in  that  country. 
I  have  found  it  in  our  early  records,  but  the  first 
particular  information  I  have  of  any  ancestor  was 

1  No  Jefferson  was  ever  secretary  of  the  Virginia  Company,  but  John 
Jefferson  was  a  member  of  the  company.  He  came  to  Virginia  in  the 
Bona  Nova,  in  1619. 

3 


4  The  Writings  of  [1743 

my  grandfather  who  lived  at  the  place  in  Chester 
field  called  Ozborne's  and  ownd.  the  lands  afterwards 
the  glebe  of  the  parish.1  He  had  three  sons,  Thomas 
who  died  young,  Field  who  settled  on  the  waters  of 
Roanoke  and  left  numerous  descendants,  and  Peter 
my  father,  who  settled  on  the  lands  I  still  own  called 
Shad  well 2  adjoining  my  present  residence.  He  was 
born  Feb.  29,  1707/8,  and  intermarried  1739,  with 
Jane  Randolph,  of  the  age  of  19.  daur  of  Isham  Ran 
dolph  one  of  the  seven  sons  of  that  name  &  family 
settled  at  Dungeoness  in  Goochld.  They  trace  their 
pedigree  far  back  in  England  &  Scotland,  to  which 
let  every  one  ascribe  the  faith  &  merit  he  chooses. 

My  father's  education  had  been  quite  neglected; 
but  being  of  a  strong  mind,  sound  judgment  and 
eager  after  information,  he  read  much  and  improved 
himself  insomuch  that  he  was  chosen  with  Joshua 
Fry,  professor  of  Math  em.  in  W.  &  M.  college  to  con 
tinue  the  boundary  line  between  Virginia  &  N. 
Caroline  which  had  been  begun  by  Colo  Byrd,  and 
was  afterwards  employed  with  the  same  Mr.  Fry  to 
make  the  ist  map  of  Virginia  3  which  had  ever  been 
made,  that  of  Capt  Smith  being  merely  a  conjectural 
sketch.  They  possessed  excellent  materials  for  so 
much  of  the  country  as  is  below  the  blue  ridge;  little 
being  then  known  beyond  that  ridge.  He  was  the 

1  This  was  Capt.  Thomas  Jefferson,  son  of  Thomas  and  Mary  (Branch) 
Jefferson,  of  Henrico  Co.     He  married  Mary  Field."-' 

2  In  Albemarle  County.     The  house  lot  of  400  acres  was  purchased 
from  William  Randolph  by  "Henry  Weatherbourne's  biggest  bowl  of 
arrack  punch." 

3  Engraved   and   printed   on   four  sheets   in   London,  in    1751,  by 
Thomas  Jeffreys.     The  name  Shadwell  which  it  contains  is  even  then 
one  of  the  most  western  of  settlements. 


1743]  Thomas  Jefferson  5 

3d  or  4th  settler  of  the  part  of  the  country  in  which 
I  live,  which  was  about  1737.  He  died  Aug.  17. 
1757,  leaving  my  mother  a  widow  who  lived  till  1776, 
with  6  daurs  &  2.  sons,  myself  the  elder.1  To  my 
younger  brother  he  left  his  estate  on  James  river 
called  Snowden  after  the  supposed  birth-place  of  the 
family.  To  myself  the  lands  on  which  I  was  born  & 
live.  He  placed  me  at  the  English  school  at  5.  years 
of  age  and  at  the  Latin  at  9.  where  I  continued  until 
his  death.  My  teacher  Mr.  Douglas  2  a  clergyman 
from  Scotland  was  but  a  superficial  Latinist,  less  in 
structed  in  Greek,  but  with  the  rudiments  of  these 
languages  he  taught  me  French,  and  on  the  death  of 
my  father  I  went  to  the  revd.  Mr.  Maury  3  a  correct 
classical  scholar,  with  whom  I  continued  two  years, 
and  then  went  to  Wm.  and  Mary  college,  to  wit  in 
the  spring  of  1760,  where  I  continued  2.  years.  It 
was  my  great  good  fortune,  and  what  probably  fixed 

1  In  Colonel  Peter  Jefferson's  Prayer  Book  in  the  handwriting  of 
Thomas  Jefferson,  are  the  following  entries: 


"Jane  Jefferson 
Mary 
Thomas    . 
Elizabeth 
Martha 
Peter  Field 
A  son 

BIRTHS 

1740,  June  17 
1741,  Oct  i 
1743,  Apr  2 
1744,  Nov.  4 
1746,  May  29 
1748,  Oct  1  6 
1750,  March  9 

MARRIAGES 

DEATHS 

1765  Oct  i 

1760  June  24 
1772  Jan  i 

1773  Jan  i 

1765  Jtily  20 

1748  Nov.  29 
1750  Mar.  9 

Anna  Scott  Randolph    1755,  Oct  i 

2  The  Rev.  William  Douglas,  of  St.  James,  Northam  Parish,  Gooch- 
land. 

3  Rev.  James  Maury,  of  Fredericks  ville,  Louisa  Co.,  "an  ingenious 
young  man,  who  tho'  born  of  French  parents,  has  lived  with  them  in 
this  country  of  Virginia  since  he  was  a  very  young  child.      He  has  been 
educated  at  our  College." — James  Blair  to  Bishop  of  London,  1742 


6  The  Writings  of  [i76° 

the  destinies5 of  my  life  that  Dr.  Wm.  Small  of  Scot 
land  was  then  professor  of  Mathematics,  a  man  pro 
found  in  most  of  the  useful  branches  of  science,  with 
a  happy  talent  of  communication  correct  and  gen 
tlemanly  manners,  &  an  enlarged  &  liberal  mind. 
He,  most  happily  for  me,  became  soon  attached  to 
me  &  made  me  his  daily  companion  when  not  en 
gaged  in  the  school;  and  from  his  conversation  I 
got  my  first  views  of  the  expansion  of  science  &  of 
the  system  of  things  in  which  we  are  placed.  Fortu 
nately  the  Philosophical  chair  became  vacant  soon 
after  my  arrival  at  college,  and  he  was  appointed  to 
fill  it  per  interim :  and  he  was  the  first  who  ever  gave 
in  that  college  regular  lectures  in  Ethics /Rhetoric  & 
Belles  lettres.  He  returned  to  Europe  in  1762, 
having  previously  filled  up  the  measure  of  his  good 
ness  to  me,  by  procuring  for  me,  from  his  most  inti 
mate  friend  G.  Wythe,  a  reception  as  a  student  of 
law,  under  his  direction,  and  introduced  me  to  the 
acquaintance  and  familiar  table  of  Governor  Fau- 
quier,  the  ablest  man  who  had  ever  filled  that  office. 
With  him,  and  at  his  table,  Dr.  Small  &  Mr.  Wythe, 
his  amici  omnium  horarum,  &  myself,  formed  a 
partie  quarree,  &  to  the  habitual  conversations  on 
these  occasions  I  owed  much  instruction.  Mr.  Wythe 
continued  to  be  my  faithful  and  beloved  Mentor  in 
youth,  and  my  most  affectionate  friend  through  life. 
In  1767,  he  led  me 'into  the  practice  of  the  law  at 
the  bar  of  the  General  court,  at  which  I  continued 
until  the  revolution  shut  up  the  courts  of  justice. 
[For  a  sketch  of  the  life  &  character  of  Mr.  Wythe  see 
my  letter  of  Aug.  31.  20.  to  Mr.  John  Saunderson] 


1769]  Thomas  Jefferson  7 

In  1769,  I  became  a  member  of  the  legislature  by 
the  choice  of  the  county  in  which  I  live,  &  continued 
in  that  until  it  was  closed  by  the  revolution.  I 
made  one  effort  in  that  body 'for  the  permission  of 
the  emancipation  of  slaves,1  which  was  rejected: 
and  indeed,  during  the  regal  government,  nothing 
liberal  could  expect  success.  Our  minds  were  cir 
cumscribed  within  narrow  limits  by  an  habitual  be 
lief  that  it  was  our  duty  to  be  subordinate  to  the 
mother  country  in  all  matters  of  government,  to 
direct  all  our  labors  in  subservience  to  her  interests, 
and  even  to  observe  a  bigoted  intolerance  for  all 
religions  but  hers.  The  difficulties  with  our  repre 
sentatives  were  of  habit  and  despair,  not  of  reflection 
&  conviction.  Experience  soon  proved  that  they 
could  bring  their  minds  to  rights  on  the  first  sum 
mons  of  their  attention.  But  the  king's  council, 
which  acted  as  another  house  of  legislature,  held 
their  places  at  will  &  were  in  most  humble  obedience 
to  that  will:  the  Governor  too,  who  had  a  negative 
on  our  laws  held  by  the  same  tenure,  &  with  still 
greater  devotedness  to  it:  and  last  of  all  the  Royal 
negative  closed  the  last  door  to  every  hope  of 
amelioration. 

On  the  ist  of  January,  1772  I  was  married  to 
Martha  Skelton  widow  of  Bathurst  Skelton,  & 
daughter  of  John  Wayles,  then  23.  years  old.  Mr. 
Wayles  was  a  lawyer  of  much  practice,  to  which  he 

1  Under  the  act  oi  id  George  II.,  no  slave  was  to  be  set  "free  upon 
anv  pretence  whatsoever,  except  for  some  meritorious  services,  to  be 
adjudged  and  allowed  by  the  Governor  and  Council/' — Acts  of  the 
Assembly,  176 p.  No  trace  of  this  "effort"  is  recorded  in  the  Journal 
of  the  House  of  Burgesses. 


8  The  Writings  of  [1772 

was  introduced  more  by  his  great  industry,  punctual 
ity  &  practical  readiness,  than  to  eminence  in  the 
science  of  his  profession.  He  was  a  most  agreeable 
companion,  full  of  pleasantry  &  good-  humor,  and 
welcomed  in  every  society.  He  acquired  a  hand- 
some  fortune,  died  in  May,  1773,  leaving  three 
daughters,  and  the  portion  which  came  on  that  event 
to  Mrs.  Jefferson,  after  the  debts  should  be  paid, 
which  were  very  considerable,  was  about  equal  to 
my  own  patrimony,  and  consequently  doubled  the 
ease  of  our  circumstances. 

When  the  famous  Resolutions  of  1765,  against  the 
Stamp-act,  were  proposed,  I  was  yet  a  student  of 
law  in  AVmsbg.  I  attended  the  debate  however  at 
the  door  of  the  lobby  of  the  H.  of  Burgesses,  &  heard 
the  splendid  display  of  Mr.  Henry's  talents  as  a  popu 
lar  orator.  They  were  great  indeed ;  such  as  I  have 
never  heard  from  any  other  man.  He  appeared  to 
me  to  speak  as  Homer  wrote.  Mr.  Johnson,  a  law 
yer  &  member  from  the  Northern  Neck,  seconded  the 
resolns,  &  by  him  the  learning  &  the  logic  of  the  case 
were  chiefly  maintained.  My  recollections  of  these 
transactions  may  be  seen  pa.  60,  Wirt's  life  of  P.  H.,1 
to  whom  I  furnished  them. 

In  May,2  1769,  a  meeting  of  the  General  Assembly 
was  called  by  the  Govr.,  Ld.  Botetourt.  I  had  then 
become  a  member;  and  to  that  meeting  became 
known  the  joint  resolutions  &  address  of  the  Lords 
&  Commons  of  1768-9,  on  the  proceedings  in  Mas 
sachusetts.  Counter-resolutions,  &  an  address  to  the 

1  Patrick  Henry.     Cf.  post,  sketch  of  Patrick  Henry,  under  1814. 

2  May  8th. 


1769]  Thomas  Jefferson  9 

King,  by  the  H.  of  Burgesses  were  agreed  to  with 
little  opposition,  &  a  spirit  manifestly  displayed  of 
considering  the  cause  of  Massachusetts  as  a  common 
one.  The  Governor  dissolved  us  l :  but  we  met  the 
next  day  in  the  Apollo 2  of  the  Raleigh  tavern, 
formed  ourselves  into  a  voluntary  convention,  drew 
up  articles  of  association  against  the  use  of  any 
merchandise  imported  from  Gr.  Britain,  signed  and 
recommended  them  to  the  people,  repaired  to  our 
several  counties,  &  were  re  elected  without  any  other 
exception  than  of  the  very  few  who  had  declined 
assent  to  our  proceedings. 

Nothing  of  particular  excitement  occurring  for  a 
considerable  time  our  countrymen  seemed  to  fall  into 
a  state  of  insensibility  to  our  situation.  The  duty 
on  tea  not  yet  repealed  &  the  Declaratory  act  of  a 
right  in  the  British  parl  to  bind  us  by  their  laws  in 
all  cases  whatsoever,  still  suspended  over  us.  But  a 
court  of  inquiry  held  in  R.  Island  in  1762,  with  a 
power  to  send  persons  to  England  to  be  tried  for 
offences  committed  here3  was  considered. at  our  ses 
sion  of  the  spring  of  1773.  as  demanding  attention. 
Not  thinking  our  old  &  leading  members  up  to  the 
point  of  forwardness  &  zeal  which  the  times  required, 
Mr.  Henry,  R.  H.  Lee,  Francis  L.  Lee,  Mr.  Carr  & 
myself  agreed  to  meet  in  the  evening  in  a  private 
room  of  the  Raleigh  to  consult  on  the  state  of  things. 
There  may  have  been  a  member  or  two  more  whom  I 

1  May  1 6th. 

2  A  public  room  sometimes  called  the  "long  room"  in  the  tavern. 
There  is  a  picture  of  it  in  The  Century  Magazine  for  November,  1875. 

3  This  was  the  famous  "Gaspee"  inquiry,  the  date  being  a  slip  for 
1772. 


io  The  Writings  of  [1773 

do  not  recollect.  We  were  all  sensible  that  the  most 
urgent  of  all  measures  was  that  of  coming  to  an 
understanding  with  all  the  other  colonies  to  consider 
the  British  claims  as  a  common  cause  to  all,  &  to 
produce  an  unity  of  action :  and  for  this  purpose  that 
a  commee  of  correspondce  in  each  colony  would 
be  the  best  instrument  for  intercommunication :  and 
that  their  first  measure  would  probably  be  to  pro 
pose  a  meeting  of  deputies  from  every  colony  at 
some  central  place,  who  should  be  charged  with  the 
direction  of  the  measures  which  should  be  taken  by 
all.  We  therefore  drew  up  the  resolutions  which 
may  be  seen  in  Wirt  pa  87 .  The  consulting  members 
proposed  to  me  to  move  them,  but  I  urged  that  it 
should  be  done  by  Mr.  Carr,1  my  friend  &  brother  in 
law,  then  a  new  member  to  whom  I  wished  an  op 
portunity  should  be  given  of  making  known  to  the 
house  his  great  worth  &  talents.  It  was  so  agreed; 
he  moved  them,  they  were  agreed  to  nem.  con.  and  a 
commee  of  correspondence  appointed  of  whom  Pey 
ton  Randolph,  the  Speaker,  was  chairman.  The 
Govr.  (then  Ld.  Dunmore)  dissolved  us,  but  the 
commee  met  the  next  day,  prepared  a  circular  letter 
to  the  Speakers  of  the  other  colonies,  inclosing  to 
each  a  copy  of  the  resolns  and  left  it  in  charge  with 
their  chairman  to  forward  them  by  expresses. 

The  origination  of  these  commees  of  correspond 
ence  between  the  colonies  has  been  since  claimed  for 
Massachusetts,  and  Marshall  II.  151,  has  given  into 
this  error,  altho'  the  very  note  of  his  appendix  to 
which  he  refers,  shows  that  their  establmt  was  con- 

1  Dabney  Carr.     He  married  Martha  Jefferson. 


1774]  Thomas  Jefferson  11 

fined  to  their  own  towns.  This  matter  will  be  seen 
clearly  stated  in  a  letter  of  Samuel  Adams  Wells  to 
me  of  Apr.  2,  1819,  and  my  answer  of  May  12.  I 
was  corrected  by  the  letter  of  Mr.  Wells  in  the  in 
formation  I  had  given  Mr.  Wirt,  as  stated  in  his  note, 
pa.  87,  that  the  messengers  of  Massach.  &  Virga 
crossed  each  other  on  the  way  bearing  similar  pro 
positions,  for  Mr.  Wells  shows  that  Mass,  did  not 
adopt  the  measure  but  on  the  receipt  of  our  proposn 
delivered  at  their  next  session.  Their  message 
therefore  which  passed  ours,  must  have  related  to 
something  else,  for  I  well  remember  P.  Randolph's 
informing  me  of  the  crossing  of  our  messengers. 

The  next  event  which  excited  our  sympathies  for 
Massachusets  was  the  Boston  port  bill,  by  which 
that  port  was  to  be  shut  up  on  the  ist  of  June,  1774. 
This  arrived  while  we  were  in  session  in  the  spring  of 
that  year.  The  lead  in  the  house  on  these  subjects 
being  no  longer  left  to  the  old  members,  Mr.  Henry, 
R.  H.  Lee,  Fr.  L.  Lee,  3.  or  4.  other  members,  whom 
I  do  not  recollect,  and  myself,  agreeing  that  we  must 
boldly  take  an  unequivocal  stand  in  the  line  with 
Massachusetts,  determined  to  meet  and  consult  on 
the  proper  measures  in  the  council  chamber,  for  the 
benefit  of  the  library  in  that  room.  We  were  under 
conviction  of  the  necessity  of  arousing  our  people 
from  the  lethargy  into  which  they  had  fallen  as  to 
passing  events;  and  thought  that  the  appointment 
of  a  day  of  general  fasting  &  prayer  would  be 
most  likely  to  call  up  &  alarm  their  attention.1  No 

1  "Mr.  Jefferson  and  Charles  Lee  may  be  said  to  have  originated  a 
fast  to  electrify  the  people  from  the  pulpit.      .      .      .     Those  gentlemen, 


12  The  Writings  of  [1774 

example  of  such  a  solemnity  had  existed  since  the 
days  of  our  distresses  in  the  war  of  5  5 .  since  which  a 
new  generation  had  grown  up.  With  the  help  there 
fore  of  Rush  worth,  whom  we  rummaged  over  for  the 
revolutionary  precedents  &  forms  of  the  Puritans  of 
that  day,  preserved  by  him,  we  cooked  up  a  resolu 
tion,  somewhat  modernizing  their  phrases,  for  ap 
pointing  the  ist  day  of  June,  on  which  the  Port  bill 
was  to  commence,  for  a  day  of  fasting,  humiliation  & 
prayer,  to  implore  heaven  to  avert  from  us  the  evils 
of  civil  war,  to  inspire  us  with  firmness  in  support  of 
our  rights,  and  to  turn  the  hearts  of  the  King  &  par 
liament  to  moderation  &  justice.1  To  give  greater 
emphasis  to  our  proposition,  we  agreed  to  wait  the 
next  morning  on  Mr.  Nicholas,2  whose  grave  &  re 
ligious  character  was  more  in  unison  with  the  tone 
of  our  resolution  and  to  solicit  him  to  move  it.  We 
accordingly  went  to  him  in  the  morning.  He  moved 
it  the  same  day;  the  ist  of  June  was  proposed  and 
it  passed  without  opposition.3  The  Governor  dis- 

knowing  that  Robert  Carter  Nicholas,  the  chairman  of  the  committee 
of  religion,  was  no  less  zealous  than  themselves  against  the  attempt  to 
starve  thousands  of  American  people  into  a  subservience  to  the  minis 
try,  easily  persuaded  him  to  put  forth  the  strength  of  his  character,  on 
an  occasion  which  he  thought  to  be  pious,  and  move  a  fast,  to  be 
observed  on  the  first  day  of  June. — Edmund  Randolph's  (MS.)  History 
of  Virginia,  p.  24. 

1  Printed  in  Force's  Archives,  4th,  r,  350. 

2  Robert  Carter  Nicholas. 

3  "It  (the  fast)  was  spoke  of  by  some  as  a  Schem  calculated  to  in 
flame  and  excite  an  enthusiastic  zeal  in  the  Minds  of  the  People  under  a 
Cloak  of  Religion,  than  which  nothing  could  be  more  calumnious  and 
unjust     ...     The  Resolution  was  not  Smiiggled,  but  proposed  in  a 
very  full  House,  not  above  one  Dissentient  appearing  amongst  near  an 
hundred  members." — R.    C.    Nicholas'   Considerations  on  the  Present 
State  of  Virginia  Examined,  p.  40. 


1774]  Thomas  Jefferson  13 

solved  us  as  usual.  We  retired  to  the  Apollo  as  be 
fore,  agreed  to  an  association,1  and  instructed  the 
commee  of  correspdce  to  propose  to  the  correspond 
ing  commees  of  the  other  colonies  to  appoint  deputies 
to  meet  in  Congress  at  such  place,  annually,  as  should 
be  convenient  to  direct,  from  time  to  time,  the 
measures  required  by  the  general  interest:  and  we 
declared  that  an  attack  on  any  one  colony  should  be 
considered  as  an  attack  on  the  whole.  This  was  in 
May.2  We  further  recommended  to  the  several 
counties  to  elect  deputies  to  meet  at  Wmsbg  the  ist 
of  Aug  ensuing,  to  consider  the  state  of  the  colony, 
&  particularly  to  appoint  delegates  to  a  general  Con 
gress,  should  that  measure  be  acceded  to  by  the 
commees  of  correspdce  generally.3  It  was  acceded 
to,  Philadelphia  was  appointed  for  the  place,  and  the 
5th  of  Sep.  for  the  time  of  meeting.  We  returned 
home,  and  in  our  several  counties  invited  the  clergy 
to  meet  assemblies  of  the  people  on  the  ist  of  June,4 
to  perform  the  ceremonies  of  the  day,  &  to  address  to 
them  discourses  suited  to  the  occasion.  The  people 
met  generally,  with  anxiety  &  alarm  in  their  coun 
tenances,  and  the  effect  of  the  day  thro'  the  whole 
colony  was  like  a  shock  of  electricity,  arousing  every 
man  &  placing  him  erect  &  solidly  on  his  centre. 

1  Printed  in  Rind's  Virginia  Gazette  for  May  26,  i  774.      It  was  signed 
by  eighty-nine  members. 

2  May  27,  1774. 

3  This  was  in  a  separate  resolution,  adopted  May  3oth,  by  "all  the 
members  that  were  then  in  town."     It  was  not  to  "elect  deputies "  but 
merely  a  reference  of  the  consideration  of  important  papers  to  such 
"late  members  of  the  House  of  Burgesses"  who  should  then  gather. 

4  By  the  original  invitation,  printed  herein  under  June,  1774,  it  will 
be  seen  that  the  call  was  for  June  23d,  instead  of  the  ist. 


14  The  Writings  of  [1774 

They  chose  universally  delegates  for  the  convention. 
Being  elected  one  for  my  own  county  I  prepared  a 
draught  of  instructions  to  be  given  to  the  delegates 
whom  we  should  send  to  the  Congress,  and  which  I 
meant  to  propose  at  our  meeting.  In  this  I  took  the 
ground  which,  from  the  beginning  I  had  thought  the 
only  one  orthodox  or  tenable,  which  was  that  the 
relation  between  Gr.  Br.  and  these  colonies  was 
exactly  the  same  as  that  of  England  &  Scotland 
after  the  accession  of  James  £  until  the  Union,  and 
the  same  as  her  present  relations  with  Hanover, 
having  the  same  Executive  chief  but  no  other  neces 
sary  political  connection;  and  that  our  emigration 
from  England  to  this  country  gave  her  no  more  rights 
over  us,  than  the  emigrations  of  the  Danes  and 
Saxons  gave  to  the  present  authorities  of  the  mother 
country  over  England.  In  this  doctrine  however  I 
had  never  been  able  to  get  any  one  to  agree  with  me 
but  Mr.  Wythe.  He  concurred  in  it  from  the  first 
dawn  of  the  question  What  was  the  political  relation 
between  us  &  England?  Our  other  patriots  Ran 
dolph,  the  Lees,  Nicholas,  Pendleton  stopped  at  the 
half-way  house  of  John  Dickinson  who  admitted  that 
England  had  a  right  to  regulate  our  commerce,  and 
to  lay  duties  on  it  for  the  purposes  of  regulation,  but 
not  of  raising  revenue.  But  for  this  ground  there 
was  no  foundation  in  compact,  in  any  acknowledged 
principles  of  colonization,  nor  in  reason:  expatria 
tion  being  a  natural  right,  and  acted  on  as  such,  by 
all  nations,  in  all  ages.  I  set  out  for  Wmsbg  some 
days  before  that  appointed  for  our  meeting,  but  was 
taken  ill  of  a  dysentery  on  the  road,  &  unable  to  pro- 


1774]  Thomas  Jefferson  15 

ceed.  I  sent  on  therefore  to  Wmsbg  two  copies  of 
my  draught,  the  one  under  cover  to  Peyton  Ran 
dolph,  who  I  knew  would  be  in  the  chair  of  the  con 
vention,  the  other  to  Patrick  Henry.  Whether  Mr. 
Henry  disapproved  the  ground  taken,  or  was  too 
lazy  to  read  it  (for  he  was  the  laziest  man  in  reading 
I  ever  knew)  I  never  learned :  but  he  communicated 
it  to  nobody.  Peyton  Randolph  informed  the  con 
vention  he  had  received  such  a  paper  from  a  member 
prevented  by  sickness  from  offering  it  in  his  place, 
and  he  laid  it  on  the  table  for  perusal.  It  was  read 
generally  by  the  members,  approved  by  many,  but 
thought  too  bold  for  the  present  state  of  things ;  but 
they  printed  it  in  pamphlet  form  under  the  title  of 
A  Summary  view  of  the  rights  of  British  America. 
It  found  its  way  to  England,  was  taken  up  by  the 
opposition,  interpolated  a  little  by  Mr.  Burke  so  as 
to  make  it  answer  opposition  purposes,  and  in  that 
form  ran  rapidly  thro'  several  editions.1  This  in 
formation  I  had  from  Parson  Hurt,2  who  happened 
at  the  time  to  be  in  London,  whither  he  had  gone  to 
receive  clerical  orders.  And  I  was  informed  after 
wards  by  Peyton  Randolph  that  it  had  procured  me 
the  honor  of  having  my  name  inserted  in  a  long  list 
of  proscriptions  enrolled  in  a  bill  of  attainder  com 
menced  in  one  of  the  houses  of  parliament,  but  sup 
pressed  in  embryo  by  the  hasty  step  of  events  which 
warned  them  to  be  a  little  cautious.3  Montague, 

1  There  are  several  errors  in  this  statement,  which  are  treated  in  the 
note  on  the  pamphlet.     See  post,  1774. 

2  Rev.  John  Hurt. 

3  It  is  hardly  necessary  to  state  that  this  so-called  bill  was  a  myth, 
which  had  no  basis  in  fact.      But  at  the  time  when  these  leaders  were 


16  The  Writings  of  [1775 

agent  pf  the  H.  of  Burgesses  in  England  made  ex 
tracts  from  the  bill,  copied  the  names,  and  sent  them 
to  Peyton  Randolph.  The  names  I  think  were  about 
20  which  he  repeated  to  me,  but  I  recollect  those 
only  of  Hancock,  the  two  Adamses,  Peyton  Randolph 
himself,  Patrick  Henry,  &  myself.1  The  conven 
tion  met  on  the  ist  of  Aug,  renewed  their  associa 
tion,  appointed  delegates  to  the  Congress,  gave  them 
instructions  very  temperately  &  properly  expressed, 
both  as  to  style  &  matter;  and  they  repaired  to 
Philadelphia  at  the  time  appointed.  The  splendid 
proceedings  of  that  Congress  at  their  ist  session  be 
long  to  general  history,  are  known  to  every  one,  and 
need  not  therefore  be  noted  here.  They  terminated 
their  session  on  the  26th  of  Octob,  to  meet  again 
on  the  zoth  May  ensuing.  The  convention  at  their 
ensuing  session  of  Mar,  '75,2  approved  of  the  proceed 
ings  of  Congress,  thanked  their  delegates  and  reap- 
pointed  the  same  persons  to  represent  the  colony  at 
the  meeting  to  be  held  in  May :  and  foreseeing  the 
probability  that  Peyton  Randolph  their  president 
and  Speaker  also  of  the  H.  of  B.  might  be  called  off, 
they  added  me,  in  that  event  to  the  delegation. 

Mr.  Randolph  was  according  to  expectation  ob 
liged  to  leave  the  chair  of  Congress  to  attend  the  Gen. 
Assembly  summoned  by  Ld.  Dunmore  to  meet  on 
the  ist  day  of  June  1775.  Ld.  North's  conciliatory 

risking  such  a  proscription,  it  was  the  current  belief,  both  in  England 
and  America,  that  steps  would  be  taken  against  them,  and  it  is  not 
strange  that,  in  the  absence  of  the  proof  to  the  contrary  which  we  now 
possess,  it  was  believed  in. 

1  See  Girardin's  History  of  Virginia,  Appendix  No.  12,  note. — T.J. 

2  March  27,  1775.     See  Force's  Archives,  4th,  n,  172. 


i775l  Thomas  Jefferson  17 

propositions,  as  they  were  called,  had  been  received 
by  the  Governor  and  furnished  the  subject  for 
which  this  assembly  was  convened.  Mr.  Randolph 
accordingly  attended,  and  the  tenor  of  these  propo 
sitions  being  generally  known,  as  having  been  ad 
dressed  to  all  the  governors,  he  was  anxious  that  the 
answer  of  our  assembly,  likely  to  be  the  first,1  should 
harmonize  with  what  he  knew  to  be  the  sentiments 
and  wishes  of  the  body  he  had  recently  left.  He 
feared  that  Mr.  Nicholas,  whose  mind  was  not  yet 
up  to  the  mark  of  the  times,  wotild  undertake  the 
answer,  &  therefore  pressed  me  to  prepare  an  answer. 
I  did  so,  and  with  his  aid  carried  it  through  the  house 
with  long  and  doubtful  scruples  from  Mr.  Nicholas 
and  James  Mercer,  and  a  dash  of  cold  water  on  it 
here  &  there,  enfeebling  it  somewhat,  but  finally 
with  unanimity  or  a  vote  approaching  it.2  This 
being  passed,  I  repaired  immediately  to  Philadelphia, 
and  conveyed  to  Congress  the  first  notice  they  had 
of  it.  It  was  entirely  approved  there.  I  took  my 
seat  with  them  on  the  2ist  of  June.  On  the  24th,  a 
commee  which  had  been  appointed  to  prepare  a  de 
claration  of  the  causes  of  taking  up  arms,  brought  in 
their  report  (drawn  I  believe  by  J.  Rutledge)  which 
not  being  liked  they  recommitted  it  on  the  26th,  and 
added  Mr.  Dickinson  and  myself  to  the  committee. 
On  the  rising  of  the  house,  the  commee  having  not 
yet  met,  I  happened  to  find  myself  near  Govr  W. 
Livingston,  and  proposed  to  him  to  draw  the  paper. 

1  It  had  already  been  referred  to  the  Congress  by  New  Jersey,  May 
aoth,  1775. 

3  See  post,  under  June  12,  1775. 


1 8  The  Writings  of  [1775 

He  excused  himself  and  proposed  that  I  should  draw 
it.  On  my  pressing  him  with  urgency,  "  we  are  as 
yet  but  new  acquaintances,  sir,  said  he,  why  are  you 
so  earnest  for  my  doing  it?"  ''Because,  said  I,  I 
have  been  informed  that  you  drew  the  Address  to 
the  people  of  Gr.  Britain,  a  production  certainly  of 
the  finest  pen  in  America."  "  On  that,  says  he,  per 
haps  sir  you  may  not  have  been  correctly  informed." 
I  had  received  the  information  in  Virginia  from  Colo 
Harrison  on  his  return  from  that  Congress.  Lee, 
Livingston  &  Jay  had  been  the  commee  for  that 
draught.  The  first,  prepared  by  Lee,  had  been  dis 
approved  &  recommitted.  The  second  was  drawn 
by  Jay,  but  being  presented  by  Govr  Livingston, 
had  led  Colo  Harrison  into  the  error.  The  next 
morning,  walking  in  the  hall  of  Congress,  many  mem 
bers  being  assembled  but  the  house  not  yet  formed, 
I  observed  Mr.  Jay,  speaking  to  R.  H.  Lee,  and 
leading  him  by  the  button  of  his  coat,  to  me.  "  I  un 
derstand,  sir,  said  he  to  me,  that  this  gentleman  in 
formed  you  that  Govr  Livingston  drew  the  Address 
to  the  people  of  Gr  Britain."  I  assured  him  at  once 
that  I  had  not  received  that  information  from  Mr. 
Lee  &  that  not  a  word  had  ever  passed  on  the  subject 
between  Mr.  Lee  &  myself;  and  after  some  explana 
tions  the  subject  was  dropt.  These  gentlemen  had 
had  some  sparrings  in  debate  before,  and  continued 
ever  very  hostile  to  each  other. 

I  prepared  a  draught  of  the  Declaration  committed 
to  us.1  It  was  too  strong  for  Mr.  Dickinson.  He 
still  retained  the  hope  of  reconciliation  with  the 

*Cf.  note  on  Jefferson's  draft,  post,  under  July  6,  1775. 


i775l  Thomas  Jefferson  19 

mother  country,  and  was  unwilling  it  should  be 
lessened  by  offensive  statements.  He  was  so  honest 
a  man,  &  so  able  a  one  that  he  was  greatly  indulged 
even  by  those  who  could  not  feel  his  scruples.  We 
therefore  requested  him  to  take  the  paper,  and  put 
it  into  a  form  he  could  approve.  He  did  so,  pre 
paring  an  entire  new  statement,  and  preserving  of 
the  former  only  the  last  4.  paragraphs  &  half  of  the 
preceding  one.  We  approved  &  reported  it  to  Con 
gress,  who  accepted  it.  Congress  gave  a  signal  proof 
of  their  indulgence  to  Mr.  Dickinson,  and  of  their 
great  desire  not  to  go  too  fast  for  any  respectable 
part  of  our  body,  in  permitting  him  to  draw  their 
second  petition  to  the  king  according  to  his  own 
ideas,1  and  passing  it  with  scarcely  any  amendment. 
The  disgust  against  this  humility  was  general;  and 
Mr.  Dickinson's  delight  at  its  passage  was  the  only 
circumstance  which  reconciled  them  to  it.  The 
vote  being  passed,  altho'  further  observn  on  it  was 
out  of  order,  he  could  not  refrain  from  rising  and  ex 
pressing  his  satisfaction  and  concluded  -by  saying 
"there  is  but  one  word,  Mr.  President,  in  the  paper 
which  I  disapprove,  &  that  is  the  word  Congress," 
on  which  Ben  Harrison  rose  and  said  "there  is  but 
one  word  in  the  paper,  Mr.  President,  of  which  I  ap 
prove,  and  that  is  the  word  Congress" 

On  the  22d  of  July  Dr.  Franklin,  Mr.  Adams,  R. 
H.  Lee,  &  myself,  were  appointed  a  commee  to  con 
sider  and  report  on  Ld.  North's  conciliatory  resolu 
tion.  The  answer  of  the  Virginia  assembly  on  that 
subject  having  been  approved  I  was  requested  by 

1  "  Scarcely  I  believe  altering  one  "  struck  out  in  MS.  by  author. 


20  The  Writings  of 

the  commee  to  prepare  this  report,  which  will  ac 
count  for  the  similarity  of  feature  in  the  two  instru 
ments.1 

On  the  i5th  of  May,  1776,  the  convention  of  Vir 
ginia  instructed  their  delegates  in  Congress  to  pro 
pose  to  that  body  to  declare  the  colonies  independent 
of  G.  Britain,  and  appointed  a  commee  to  prepare  a 
declaration  of  rights  and  plan  of  government.2 

3  In  Congress,  Friday  June  7.  1776.  The  delegates 
from  Virginia  moved  4  in  obedience  to  instructions 
from  their  constituents  that  the  Congress  should  de 
clare  that  these  United  colonies  are  &  of  right  ought 
to  be  free  &  independent  states,  that  they  are  ab 
solved  from  all  allegiance  to  the  British  crown,  and 
that  all  political  connection  between  them  &  the 
state  of  Great  Britain  is  &  ought  to  be,  totally  dis 
solved;  that  measures  should  be  immediately  taken 
for  procuring  the  assistance  of  foreign  powers,  and  a 
Confederation  be  formed  to  bind  the  colonies  more 
closely  together.5 

1  See  post,  under  July  31,  1775. 

2  Printed  in  Force's  Archives,  5th,  vi,  461. 

3  Here,  in  the  original  manuscript,  commence  the  "two  preceding 
sheets"  referred  to  by  Mr.  Jefferson,  as  containing  "notes"  taken  by 
him  "whilst  these  things  were  going  on. "     They  are  easily  distinguished 
from  the  body  of  the  MS.  in  which  they  were  inserted  by  him,  being  of 
a  paper  very  different  in  size,  quality,  and  color  from  that  on  which  the 
latter  is  written. 

4  Introduced  by  Richard  Henry  Lee.      His  autograph  resolution  is 
reproduced  in  Etting's  Memorials  of  1776,  p.  4. 

5  "The  Congress  sat  till  7  o'clock  this  evening  in  consequence  of  a 
motion  of  R.  H.  Lee's  rendering  ourselves  free  and  independent  States. 
The  sensible  part  of  the  House  opposed  the  Motion — they  had  no  ob 
jection  to  forming  a  Scheme  of  a  Treaty  which  they  would  send  to 
France  by  proper  Persons  &  uniting  this  Continent  by  a  Confederacy; 
they  saw  no  wisdom  in  a  Declaration  of  Independence,  nor  any  other 


Thomas  Jefferson  21 

The  house  being  obliged  to  attend  at  that  time 
to  some  other  business,  the  proposition  was  referred 
to  the  next  day,  when  the  members  were  ordered  to 
attend  punctually  at  ten  o'clock. 

Saturday  June  8.  They  proceeded  to  take  it  into 
consideration  and  referred  it  to  a  committee  of  the 
whole,  into  which  they  immediately  resolved  them 
selves,  and  passed  that  day  &  Monday  the  loth  in 
debating  on  the  subject. 

It  was  argued  by  Wilson,  Robert  R.  Livingston, 
E.  Rutledge,  Dickinson  and  others 

That  tho'  they  were  friends  to  the  measures  them 
selves,  and  saw  the  impossibility  that  we  should  ever 
again  be  united  with  Gr.  Britain,  yet  they  were 
against  adopting  them  at  this  time: 

That  the  conduct  we  had  formerly  observed  was 
wise  &  proper  now,  of  deferring  to  take  any  capital 
step  till  the  voice  of  the  people  drove  us  into  it : 

That  they  were  our  power,  &  without  them  our 
declarations  could  not  be  carried  into  effect; 

That  the  people  of  the  middle  colonies  (Maryland, 
Delaware,  Pennsylva,  the  Jerseys  &  N.  York)  were 

Purpose  to  be  enforced  by  it,  but  placing  ourselves  in  the  power  of 
those  with  whom  we  mean  to  treat,  giving  our  Enemy  Notice  of  our 
Intentions  before  we  had  taken  any  steps  to  execute  them.  The  event, 
however,  was  that  the  Question  was  postponed ;  it  is  to  be  renewed  on 
Monday  when  I  mean  to  move  that  it  should  be  postponed  for  3  Weeks 
or  Months.  In  the  mean  Time  the  plan  of  Confederation  &  the  Scheme 
of  Treaty  may  go  on.  I  don't  know  whether  I  shall  succeed  in  this 
Motion;  I  think  not,  it  is  at  least  doubtful.  However  I  must  do  what 
is  right  in  my  own  Eyes,  &  Consequences  must  take  Care  of  themselves. 
I  wish  you  had  been  here — the  whole  Argument  was  sustained  on  one 
side  by  R.  Livingston,  Wilson,  Dickenson,  &  myself,  &  by  the  Power 
of  all  N.  England,  Virginia  &  Georgia  at  the  other." — E.  Rutledge  to 
John  Jay,  June  S,  1776. 


22 


The  Writings  of  [1776 


not  yet  ripe  for  bidding  adieu  to  British  connection, 
but  that  they  were  fast  ripening  &  in  a  short  time 
would  join  in  the  general  voice  of  America : ' 

That  the  resolution  entered  into  by  this  house  on 
the  1 5th  of  May  '  for  suppressing  the  exercise  of  all 
powers  derived  from  the  crown,  had  shown,  by  the 
ferment  into  which  it  had  thrown  these  middle  colo 
nies,  that  they  had  not  yet  accommodated  their 
minds  to  a  separation  from  the  mother  country : 

That  some  of  them  had  expressly  forbidden  their 
delegates  to  consent  to  such  a  declaration,  and  others 
had  given  no  instructions,  &  consequently  no  powers 
to  give  such  consent: 

That  if  the  delegates  of  any  particular  colony  had 
no  power  to  declare  such  colony  independant,  certain 
they  were  the  others  could  not  declare  it  for  them; 
the  colonies  being  as  yet  perfectly  independant  of 
each  other : 

That  the  assembly  of  Pennsylvania  was  now  sitting 
above  stairs,  their  convention  would  sit  within  a  few 
days,  the  convention  of  New  York  was  now  sitting, 
&  those  of  the  Jerseys  &  Delaware  counties  would 
meet  on  the  Monday  following,  &  it  was  probable 
these  bodies  would  take  up  the  question  of  Inde- 
pendance  &  would  declare  to  their  delegates  the  voice 
of  their  state : 

1  That  "every  kind  of  authority  under  the  said  crown  should  be 
totally  suppressed"  and  "to  adopt  such  government  as  shall  .  .  . 
best  conduce  to  the  happiness  and  safety  of  their  constituents." — 
Journal  of  Congress,  n.,  166,  174.  Duane,  in  a  letter  to  Jay,  dated 
May  1 6th,  states  that:  "it  has  occasioned  a  great  alarm  here  [Phila- 
delphial,  and  the  cautious  folks  are  very  fearful  of  its  being  attended 
with  many  ill  consequences." 


'776]  Thomas  Jefferson  23 

That  if  such  a  declaration  should  now  be  agreed  to, 
these  delegates  must  retire  £  possibly  their  colonies 
might  secede  from  the  Union: 

That  such  a  secession  would  weaken  us  more  than 
could  be  compensated  by  any  foreign  alliance: 

That  in  the  event  of  such  a  division,  foreign  powers 
would  either  refuse  to  join  themselves  to  our  fortunes, 
or,  having  us  so  much  in  their  power  as  that  desperate 
declaration  would  place  us,  they  would  insist  on 
terms  proportionably  more  hard  and  prejudicial : 

That  we  had  little  reason  to  expect  an  alliance  with 
those  to  whom  alone  as  yet  we  had  cast  our  eyes: 

That  France  &  Spain  had  reason  to  be  jealous  of 
that  rising  power  which  would  one  day  certainly 
strip  them  of  all  their  American  possessions: 

That  it  was  more  likely  they  should  form  a  con 
nection  with  the  British  court,  who,  if  they  should 
find  themselves  unable  otherwise  to  extricate  them 
selves  from  their  difficulties,  would  agree  to  a  parti 
tion  of  our  territories,  restoring  Canada  to  France, 
&  the  Floridas  to  Spain,  to  accomplish  for- themselves 
a  recovery  of  these  colonies : 

That  it  would  not  be  long  before  we  should  re 
ceive  certain  information  of  the  disposition  of  the 
French  court,  from  the  agent  whom  we  had  sent  to 
Paris  for  that  purpose : 

That  if  this  disposition  should  be  favorable,  by 
waiting  the  event  of  the  present  campaign,  which  we 
all  hoped  would  be  successful,  we  should  have  reason 
to  expect  an  alliance  on  better  terms: 

That  this  would  in  fact  work  no  delay  of  any 
effectual  aid  from  such  ally,  as,  from  the  advance  of 


24  The  Writings  of 

the  season  &  distance  of  our  situation,  it  was  im 
possible  we  could  receive  any  assistance  during  this 
campaign : 

That  it  was  prudent  to  fix  among  ourselves  the 
terms  on  which  we  should  form  alliance,  before  we 
declared  we  would  form  one  at  all  events: 

And  that  if  these  were  agreed  on,  &  our  Declara 
tion  of  Independance  ready  by  the  time  our  Am 
bassador  should  be  prepared  to  sail,  it  would  be  as 
well  as  to  go  into  that  Declaration  at  this  day. 

On  the  other  side  it  was  urged  by  J.  Adams,  Lee, 
Wythe,  and  others 

That  no  gentleman  had  argued  against  the  policy 
or  the  right  of  separation  from  Britain,  nor  had  sup 
posed  it  possible  we  should  ever  renew  our  connec 
tion;  that  they  had  only  opposed  its  being  now 
declared : 

That  the  question  was  not  whether,  by  a  declara 
tion  of  independance,  we  should  make  ourselves  what 
we  are  not;  but  whether  we  should  declare  a  fact 
which  already  exists: 

That  as  to  the  people  or  parliament  of  England, 
we  had  alwais  been  independent  of  them,  their  re 
straints  on  our  trade  deriving  efficacy  from  our 
acquiescence  only,  &  not  from  any  rights  they 
possessed  of  imposing  them,  &  that  so  far  our  con 
nection  had  been  federal  only  &  was  now  dissolved 
by  the  commencement  of  hostilities: 

That  as  to  the  King,  we  had  been  bound  to  him  by 
allegiance,  but  that  this  bond  was  now  dissolved  by 
his  assent  to  the  late  act  of  parliament,  by  which  he 
declares  us  out  of  his  protection,  and  by  his  levying 


1776]  Thomas  Jefferson  25 

war  on  us,  a  fact  which  had  long  ago  proved  us  out 
of  his  protection ;  it  being  a  certain  position  in  law 
that  allegiance  &  protection  are  reciprocal,  the  one 
ceasing  when  the  other  is  withdrawn: 

That  James  the  lid.  never  declared  the  people  of 
England  out  of  his  protection  yet  his  actions  proved 
it  £  the  parliament  declared  it: 

No  delegates  then  can  be  denied,  or  ever  want,  a 
power  of  declaring  an  existing  truth: 

That  the  delegates  from  the  Delaware  counties 
having  declared  their  constituents  ready  to  join,  there 
are  only  two  colonies  Pennsylvania  &  Maryland 
whose  delegates  are  absolutely  tied  up,  and  that 
these  had  by  their  instructions  only  reserved  a  right 
of  confirming  or  rejecting  the  measure: 

That  the  instructions  from  Pennsylvania  might  be 
accounted  for  from  the  times  in  which  they  were 
drawn,  near  a  twelvemonth  ago,  since  which  the  face 
of  affairs  has  totally  changed: 

That  within  that  time  it  had  become  apparent  that 
Britain  was  determined  to  accept  nothing  less  than 
a  carte-blanche,  and  that  the  King's  answer  to  the 
Lord  Mayor  Aldermen  &  common  council  of  London, 
which  had  come  to  hand  four  days  ago,  must  have 
satisfied  every  one  of  this  point: 

That  the  people  wait  for  us  to  lead  the  way : 

That  they  are  in  favour  of  the  measure,  tho'  the  in 
structions  given  by  some  of  their  representatives  are 
not: 

That  the  voice  of  the  representatives  is  not  always 
consonant  with  the  voice  of  the  people,  and  that  this 
is  remarkably  the  case  in  these  middle  colonies: 


26  The  Writings  of  [1776 

That  the  effect  of  the  resolution  of  the  i5th  of  May 
has  proved  this,  which,  raising  the  murmurs  of  some 
in  the  colonies  of  -Pennsylvania  &  Maryland,  called 
forth  the  opposing  voice  of  the  freer  part  of  the  peo 
ple,  &  proved  them  to  be  the  majority,  even  in  these 
colonies : 

That  the  backwardness  of  these  two  colonies  might 
be  ascribed  partly  to  the  influence  of  proprietary 
power  &  connections,  &  partly  to  their  having  not 
yet  been  attacked  by  the  enemy: 

That  these  causes  were  not  likely  to  be  soon  re 
moved,  as  there  seemed  no  probability  that  the 
enemy  would  make  either  of  these  the  seat  of  this 
summer's  war: 

That  it  would  be  vain  to  wrait  either  weeks  or 
months  for  perfect  unanimity,  since  it  was  impos 
sible  that  all  men  should  ever  become  of  one  senti 
ment  on  any  question : 

That  the  conduct  of  some  colonies  from  the  begin 
ning  of  this  contest,  had  given  reason  to  suspect 
it  was  their  settled  policy  to  keep  in  the.  rear  of  the 
confederacy,  that  their  particular  prospect  might  be 
better,  even  in  the  worst  event: 

That  therefore  it  was  necessary  for  those  colonies 
who  had  thrown  themselves  forward  &  hazarded  all 
from  the  beginning,  to  come  forward  now  also,  and 
put  all  again  to  their  own  hazard: 

That  the  history  of  the  Dutch  revolution,  of  whom 
three  states  only  confederated  at  first  proved  that  a 
secession  of  some  colonies  would  not  be  so  dangerous 
as  some  apprehended : 

That  a  declaration  of  Independence  alone  could 


i776J  Thomas  Jefferson  27 

render  it  consistent  with  European  delicacy  for  Euro 
pean  powers  to  treat  with  us,  or  even  to  receive  an 
Ambassador  from  us: 

That  till  this  they  would  not  receive  our  vessels 
into  their  ports,  nor  acknowledge  the  adjudications 
of  our  courts  of  admiralty  to  be  legitimate,  in  cases 
of  capture  of  British  vessels: 

That  though  France  &  Spain  may  be  jealous  of  our 
rising  power,  they  must  think  it  will  be  much  more 
formidable  with  the  addition  of  Great  Britain;  and 
will  therefore  see  it  their  interest  to  prevent  a  coali 
tion;  but  should  they  refuse,  we  shall  be  but  where 
we  are ;  whereas  without  trying  we  shall  never  know 
whether  they  will  aid  us  or  not: 

That  the  present  campaign  may  be  unsuccessful, 
&  therefore  we  had  better  propose  an  alliance  while 
our  affairs  wear  a  hopeful  aspect: 

That  to  await  the  event  of  this  campaign  will 
certainly  work  delay,  because  during  this  summer 
France  may  assist  us  effectually  by  cutting  off  those 
supplies  of  provisions  from  England  &  Ireland  on 
which  the  enemy's  armies  here  are  to  depend;  or  by 
setting  in  motion  the  great  power  they  have  collected 
in  the  West  Indies,  &  calling  our  enemy  to  the  de 
fence  of  the  possessions  they  have  there: 

That  it  would  be  idle  to  lose  time  in  settling  the 
terms  of  alliance,  till  we  had  first  determined  we 
would  enter  into  alliance: 

That  it  is  necessary  to  lose  no  time  in  opening  a 
trade  for  our  people,  who  will  want  clothes,  and  will 
want  money  too  for  the  paiment  of  taxes: 

And  that  the  only  misfortune  is  that  we  did  not 


28  The  Writings  of  [1776 

enter  into  alliance  with  France  six  months  sooner, 
as  besides  opening  their  ports  for  the  vent  of  our  last 
year's  produce,  they  might  have  marched  an  army 
into  Germany  and  prevented  the  petty  princes  there 
from  selling  their  unhappy  subjects  to  subdue  us. 

It  appearing  in  the  course  of  these  debates  that 
the  colonies  of  N.  York,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  and  South  Carolina  x  were  not 
yet  matured  for  falling  from  the  parent  stem,  but 
that  they  were  fast  advancing  to  that  state,  it  was 
thought  most  prudent  to  wait  a  while  for  them,  and 
to  postpone  the  final  decision  to  July  i.  but  that  this 
might  occasion  as  little  delay  as  possible  a  committee 
was  appointed  2  to  prepare  a  declaration  of  inde 
pendence.  The  commee  were  J.  Adams,  Dr.  Frank 
lin,  Roger  Sherman,  Robert  R.  Livingston  &  myself. 
Committees  were  also  appointed  at  the  same  time  to 
prepare  a  plan  of  confederation  for  the  colonies,  and 
to  state  the  terms  proper  to  be  proposed  for  foreign 
alliance.  The  committee  for  drawing  the  declara 
tion  of  Independence  desired  me  to  do  it.  It  was 
accordingly  done,  and  being  approved  by  them,  I 
reported  it  to  the  house  on  Friday  the  28th  of  June 
when  it  was  read  and  ordered  to  lie  on  the  table.3  On 

1  "  Had  not  yet  advanced  to"  struck  out  in  MS.  by  author. 

2  June  10,  1776. 

3  A  different  account  is  given  of  this  by  John  Adams,  as  follows: 
"The  committee  had  several  meetings,  in  which  were  proposed  the 

articles  of  which  the  declaration  was  to  consist,  and  minutes  made  of 
them.  The  committee  then  appointed  Mr.  Jefferson  and  me  to  draw 
them  up  in  form,  and  clothe  them  in  a  proper  dress.  The  sub-com 
mittee  met,  and  considered  the  minutes,  making  such  observations  on 
them  an  then  occurred,  when  Mr.  Jefferson  desired  me  to  take  them  to 
my  lodgings,  and  make  the  draught.  This  I  declined,  and  gave  several 


X776]  Thomas  Jefferson  29 

Monday,  the  ist  of  July  the  house  resolved  itself  into 
a  commee  of  the  whole  &  resumed  the  consideration 
of  the  original  motion  made  by  the  delegates  of 

reasons  for  declining,  i.  That  he  was  a  Virginian,  and  I  a  Massa- 
chusettensian.  2.  That  he  was  a  southern  man,  and  1  a  northern  one. 

3.  That  I  had  been  so  obnoxious  for  my  early  and  constant  zeal  in  pro 
moting  the  measure,  that  any  draught  of  mine  would  undergo  a  more 
severe  scrutiny  and  criticism  in  Congress,  than  one  of  his  composition. 

4.  And  lastly,  and  that  would  be  reason  enough  if  there  were  no  other, 
I  had  a  great  opinion  of  the  elegance  of  his  pen,  and  none  at  all  of  my 
own.      I  therefore  insisted  that  no  hesitation  should  be  made  on  his 
part.      He  accordingly  took  the  minutes,  and  in  a  day  or  two  produced 
to  me  his  draught.      Whether  I  made  or  suggested  any  correction,  I 
remember  not.     The  report  was  made  to  the  committee  of  five,  by 
them    examined,  but,  whether  altered  or  corrected  in  any  thing,    I 
cannot  recollect.      But,  in  substance  at  least,  it  was  reported  to  Con 
gress,  where,  after  a  severe  criticism,  and  striking  out  several  of  the 
most  oratorical  paragraphs,  it  was  adopted  on  the  fourth  of  July,  1776, 
and  published  to  the  world." — Autobiography  of  John  Adams. 

"You  inquire  why  so  young  a  man  as  Mr.  Jefferson  was  placed  at 
the  head  of  the  Committee  for  preparing  a  Declaration  of  Independ 
ence?  I  answer:  it  was  the  Frankfort  advice,  to  place  Virginia  at  the 
head  of  every  thing.  Mr.  Richard  Henry  Lee  might  be  gone  to  Vir- 
gina,  to  his  sick  family,  for  aught  I  know,  but  that  was  not  the  reason 
of  Mr.  Jefferson's  appointment.  There  were  three  committees  ap 
pointed  at  the  same  time.  One  for  the  Declaration  of  Independence, 
another  for  preparing  the  articles  of  Confederation,  another  for  pre 
paring  a  treaty  to  be  proposed  to  France.  Mr.  Lee  was  chosen  for  the 
committee  of  Confederation,  and  it  was  not  thought  convenient  that 
the  same  person  should  be  upon  both.  Mr.  Jefferson  came  into  Con 
gress,  in  June,  1775,  and  brought  with  him  a  reputation  for  literature, 
science,  and  a  happy  talent  of  composition.  Writings  of  his  were 
handed  about,  remarkable  for  the  peculiar  felicity  of  expression. 
Though  a  silent  member  in  Congress,  he  was  so  prompt,  frank,  ex 
plicit,  and  decisive  upon  committees  and  in  conversation,  not  even 
Samuel  Adams  was  more  so,  that  he  soon  seized  upon  my  heart  and 
upon  this  occasion  I  gave  him  my  vote,  and  did  all  in  my  power  to 
procure  the  votes  of  others.  I  think  he  had  one  more  vote  than  any 
other,  and  that  placed  him  at  the  head  of  the  committee.  I  had  the 
next  highest  number,  and  that  placed  me  the  second.  The  committee 
met,  discussed  the  subject,  and  then  appointed  Mr.  Jefferson  and  me  to 
make  the  draft,  I  suppose  because  we  were  the  two  first  on  the  list. 

"The  sub-committee  met.     Jefferson  proposed  to  me  to  make  the 


30  The  Writings  of 

Virginia,  which  being  again  debated  through  the 
day,  was  carried  in  the  affirmative  by  the  votes  of 
N.  Hampshire,  Connecticut,  Massachusetts,  Rhode 
Island,  N.  Jersey,  Maryland,  Virginia,  N.  Carolina,  & 

draft.  I  said:  'I  will  not.'  'You  should  do  it.'  'Oh!  no.'  'Why 
will  you  not?  You  ought  to  do  it.'  'I  will  not.'  'Why?'  'Reasons 
enough. '  '  What  can  be  your  reasons  ? '  '  Reason  first — You  are  a 
Virginian,  and  a  Virginian  ought  to  appear  at  the  head  of  this  business. 
Reason  second — I  am  obnoxious,  suspected,  and  unpopular.  You  are 
very  much  otherwise.  Reason  third — You  can  write  ten  times  better 
than  I  can.'  'Well,'  said  Jefferson,  'If  you  are  decided,  I  will  do  as 
well  as  I  can.'  '  Very  well.  When  you  have  drawn  it  up,  we  will  have 
a  meeting.' 

"A  meeting  we  accordingly  had,  and  conned  the  paper  over.  I  was 
delighted  with  its  high  tone  and  the  flights  of  oratory  with  which  it 
abounded,  especially  that  concerning  negro  slavery,  which,  though  I 
knew  his  Southern  brethren  would  never  suffer  to  pass  in  Congress, 
I  certainly  never  would  oppose.  There  were  other  expressions  which  I 
would  not  have  inserted,  if  I  had  drawn  it  up,  particularly  that  which 
called  the  King  tyrant.  I  thought  this  too  personal;  for  I  never  be 
lieved  George  to  be  a  tyrant  in  disposition  and  in  nature;  I  always  be 
lieved  him  to  be  deceived  by  his  courtiers  on  both  sides  of  the  Atlantic, 
and  in  his  official  capacity  only,  cruel.  I  thought  the  expression  too 
passionate,  and  too  much  like  scolding,  for  so  grave  and  solemn  a 
document ;  but  as  Franklin  and  Sherman  were  to  inspect  it  afterwards, 
I  thought  it  would  not  become  me  to  strike  it  out.  I  consented  to  re 
port  it,  and  do  not  now  remember  that  I  made  or  suggested  a  single 
alteration. 

"We  reported  it  to  the  committee  of  five.  It  was  read,  and  I  do  not 
remember  that.  Franklin  or  Sherman  criticised  any  thing.  We  were 
all  in  haste.  Congress  was  impatient,  and  the  instrument  was  re 
ported,  as  I  believe,  in  Jefferson's  handwriting,  as  he  first  drew  it. 
Congress  cut  off  about  a  quarter  of  it,  as  I  expected  they  would;  but 
they  obliterated  some  of  the  best  of  it,  and  left  all  that  was  exception 
able,  if  anything  in  it  was.  I  have  long  wondered  that  the  original 
draught  has  not  been  published.  I  suppose  the  reason  is,  the  ve 
hement  philippic  against  negro  slavery." — John  Adams  to  Timothy 
Pickering,  Aug.  22,  1822. 

To  this  Jefferson  replied: 

"You  have  doubtless  seen  Timothy  Pickering's  fourth  of  July  ob 
servations  on  the  Declaration  of  Independence.  If- his  principles  and 
prejudices,  personal  and  political,  gave  us  no  reason  to  doubt  whether 


Thomas  Jefferson  31 

Georgia.  S.  Carolina  and  Pennsylvania  voted  against 
it..  Delaware  having  but  two  members  present,  they 
were  divided.1  The  delegates  for  New  York  de- 
he  had  truly  quoted  the  information  he  alleges  to  have  received  from 
Mr.  Adams,  I  should  then  say,  that  in  some  of  the  particulars,  Mr. 
Adams'  memory  has  led  him  into  unquestionable  error.  At  the  age 
of  eighty-eight,  and  forty-seven  years  after  the  transactions  of  Inde 
pendence,  this  is  not  wonderful.  Nor  should  I,  at  the  age  of  eighty,  on 
the  small  advantage  of  that  difference  only,  venture  to  oppose  my 
memory  to  his,  were  it  not  supported  by  written  notes,  taken  by  my 
self  at  the  moment  and  on  the  spot.  He  says  '  the  committee  of  five, 
to  wit,  Doctor  Franklin,  Sherman,  Livingston  and  ourselves,  met,  dis 
cussed  the  subject,  and  then  appointed  him  and  myself  to  make  the 
draught;  that  we,  as  a  sub-committee,  met,  and  after  the  urgencies 
of  each  on  the  other,  I  consented  to  undertake  the  task,  that  the 
draught  being  made,  we,  the  sub-committee,  met,  and  conned  the 
paper  over,  and  he  does  not  remember  that  he  made  or  suggested  a 
single  alteration.'  Now  these  details  are  quite  incorrect.  The  com 
mittee  of  five  met;  no  such  thing  as  a  sub-committee  was  proposed,  but 
they  unanimously  pressed  on  myself  alone  to  undertake  the  draught. 
I  consented;  I  drew  it;  but  before  I  reported  it  to  the  committee,  I 
communicated  it  separately  to  Doctor  Franklin  and  Mr.  Adams,  re 
questing  their  corrections  because  they  were  the  two  members  of 
whose  judgments  and  amendments  I  wished  most  to  have  the  benefit, 
before  presenting  it  to  the  committee :  and  you  have  seen  the  original 
paper  now  in  my  hands,  with  the  corrections  of  Doctor  Franklin  and 
Mr.  Adams  interlined  in  their  own  handwritings.  Their  alterations 
were  two  or  three  only,  and  merely  verbal.  I  then  wrote  a  fair  copy, 
reported  it  to  the  committee,  and  from  them  unaltered,  to  Congress. 
This  personal  communication  and  consultation  with  Mr.  Adams,  he 
has  misremembered  into  the  actings  of  a  sub-committee.  Pickering's 
•observations,  and  Mr.  Adams'  in  addition,  'that  it  contained  no  new 
ideas,  that  it  is  a  common  place  compilation,  its  sentiments  hacknied 
in  Congress  for  two  years  before,  and  its  essence  contained  in  Otis' 
pamphlet,'  may  all  be  true.  Of  that  I  am  not  to  be  the  judge.  Rich 
ard  Henry  Lee  charged  it  as  copied  from  Locke's  treatise  on  govern 
ment.  Otis'  pamphlet  I  never  saw,  and  whether  I  had  gathered  my 
ideas  from  reading  or  reflection  I  do  not  know.  I  know  only  that  I 
turned  to  neither  book  nor  pamphlet  while  writing  it.  I  did  not  con 
sider  it  as  any  part  of  my  charge  to  invent  new  ideas  altogether,  and 
to  offer  no  sentiment  which  had  ever  been  expressed  before," — Letter 
to  J.  Madison,  Aiig.  30,  1823. 

1  George  Read  (opposing)  and  Thomas  McKean. 


32  The  Writings  of 

clared  they  were  for  it  themselves  &  were  assured 
their  constituents  were  for  it,  but  that  their  instruc 
tions  having  been  drawn  near  a  twelvemonth  before, 
when  reconciliation  was  still  the  general  object,  they 
were  enjoined  by  them  to  do  nothing  which  should 
impede  that  object.  They  therefore  thought  them 
selves  not  justifiable  in  voting  on  either  side,  and 
asked  leave  to  withdraw  from  the  question,  which 
was  given  them.  The  commee  rose  &  reported  their 
resolution  to  the  house.  Mr.  Edward  Rutledge  of  S. 
Carolina  then  requested  the  determination  might  be 
put  off  to  the  next  day,  as  he  believed  his  colleagues, 
tho'  they  disapproved  of  the  resolution,  would  then 
join  in  it  for  the  sake  of  unanimity.  The  ultimate 
question  whether  the  house  would  agree  to  the  reso 
lution  of  the  committee  was  accordingly  postponed 
to  the  next  day,  when  it  was  again  moved  and  S.  Caro 
lina  concurred  in  voting  for  it.  In  the  meantime  a 
third  member  had  come  post  from  the  Delaware  coun 
ties  T  and  turned  the  vote  of  that  colony  in  favour  of 
the  resolution.  Members  2  of  a  different  sentiment 
attending  that  morning  from  Pennsylvania  also,  their 
vote  was  changed,  so  that  the  whole  1 2  colonies  who 
were  authorized  to  vote  at  all,  gave  their  voices  for  it ; 
and  within  a  few  days,3  the  convention  of  N.  York 
approved  of  it  and  thus  supplied  the  void  occasioned 
by  the  withdrawing  of  her  delegates  from  the  vote. 
Congress  proceeded  the  same  day  4  to  consider  the 

1  Caesar  Rodney. 

2  Dickinson  and  Robert  Morris  did  not  attend,  Wilson  changed  his 
vote,  and  with  Franklin  and  Morton,  outvoted  Willing  and  Humphreys. 

3  July  Qth. 

4  Monday,  July  ist.      No  sitting  was  held  on  Saturday. 


T776]  Thomas  Jefferson  33 

declaration  of  Independance  which  had  been  reported 
&  lain  on  the  table  the  Friday  preceding,  and  on  Mon 
day  referred  to  a  comniee  of  the  whole.  The  pusil 
lanimous  idea  that  we  had  friends  in  England  worth 
keeping  terms  with,  still  haunted  the  minds  of  many. 
For  this  reason  those  passages  which  conveyed  cen 
sures  on  the  people  of  England  were  struck  out,  lest 
they  should  give  them  offence.  The  clause  too,  re 
probating  the  enslaving  the  inhabitants  of  Africa, 
was  struck  out  in  complaisance  to  South  Carolina 
and  Georgia,  who  had  never  attempted  to  restrain 
the  importation  of  slaves,  and  who  on  the  contrary 
still  wished  to  continue  it.  Our  northern  brethren 
also  I  believe  felt  a  little  tender  under  those  cen 
sures;  for  tho'  their  people  have  very  few  slaves 
themselves  yet  they  had  been  pretty  considerable 
carriers  of  them  to  others.  The  debates  having 
taken  up  the  greater  parts  of  the  2d  3d  &  4th  days  of 
July  were,1  in  the  evening  of  the  last,  closed  the  de 
claration  was  reported  by  the  commee,  agreed  to  by 
the  house  and  signed  by  every  member  present  ex 
cept  Mr.  Dickinson.2  As  the  sentiments  of  men  are 
known  not  only  by  what  they  receive,  but  what  they 


1  The  "Resolution"  for  independence  was  under  discussion  on. the 
ist  of  July.  The  declaration  on  July  2d,  3d,  and  4th. 

3  The  question  whether  the  declaration  was  signed  on  the  4th  of 
July,  as  well  as  on  the  26.  of  August,  has  been  a  much  vexed  one,  but 
a  careful  study  of  it  must  make  almost  certain  that  it  was  not.  The 
MS.  Journal  of  Congress  (that  printed  by  order  of  Congress  being 
fabricated  and  altered)  merely  required  its  "authentication,"  which 
we  know  from  other  cases  was  by  the  signatures  of  the  president  and 
secretary;  who  accordingly  signed  it  "by  order  and  in  behalf  of  the 
Congress,"  and  the  printed  copies  at  once  sent  out  had  only  these  sig 
natures.  It  is  also  certain  that  several  of  the  members  then  in  Con- 

VOL.  I.— 3, 


34  The  Writings  of  [1776 

reject  also,  I  will  state  the  form  of  the  declaration  as 
originally  reported.  The  parts  struck  out  by  Con 
gress  shall  be  distinguished  by  a  black  line  drawn 
under  them ;  &  those  inserted  by  them  shall  be  placed 
in  the  margin  or  in  a  concurrent  column.1 

gress  would  have  refused  to  sign  it  on  that  day,  and  that  the  Congress 
therefore  had  good  cause  to  postpone  the  signing  till  certain  of  the 
delegations  should  receive  new  instructions,  or  be  changed;  and  also 
till  its  first  effect  on  the  people  might  be  seen.  For  these  reasons  the 
declaration  was  not  even  entered  in  the  journal,  though  a  blank  was 
left  for  it,  and  when  it  was  inserted  at  a  later  period,  the  list  of  signers 
was  taken  from  the  engrossed  copy,  though  had  there  been  one  signed 
on  the  4th  of  July  it  would  certainly  have  been  the  one  printed  from, 
as  including  the  men  who  were  in  Congress  on  that  day  and  who  voted 
on  the  question,  instead  of  one  signed  by  a  number  of  men  who  were 
neither  present  nor  members  when  the  declaration  was  adopted. 
Moreover,  though  the  printed  journal  afterwards  led  John  Adams  to 
believe  and  state  that  the  declaration  was  signed  on  the  4th,  we  have 
his  contemporary  statement,  on  July  gth,  that  "as  soon  as  an  Amer 
ican  seal  is  prepared,  I  conjecture  the  Declaration  will  be  subscribed 
by  all  the  members."  And  we  have  the  positive  denial  of  McKean 
that  "no  person  signed  it  on  that  day,"  and  this  statement  is  substan 
tiated  by  the  later  action  of  Congress  in  specially  permitting  him  to 
sign  what  he  certainly  would  have  already  done  on  the  4th,  had  there 
been  the  opportunity.  Opposed  to  these  direct  statements  and  prob 
abilities,  we  have  Jefferson's  positive  statement,  three  times  repeated, 
that  such  a  signing  took  place,  but  as  he  follows  his  nearly  contempor 
ary  one  with  the  statements  that  it  was  "signed  by  every  member 
present  except  Mr.  Dickinson,"  when  we  have  proof  positive  that  all 
the  New  York  delegates  refxised  to  even  vote,  much  less  sign,  and  that 
Dickinson  was  not  even  present  in  Congress  on  that  day,  it  is  evident 
that  this  narrative  is  not  wholly  trustworthy. 

1  "  I  expected  you  had  in  the  Preamble  to  our  form  of  Government, 
exhausted  the  subject  of  complaint  agt  Geo.  3d  &  was  at  a  loss  to 
discover  what  Congress  would  do  for  one  to  their  Declaration  of  Inde 
pendence  without  copying,  but  find  you  have  acquitted  your  selves 
very  well  on  that  score." — E.  Pendleton  to  Jefferson,  July  22. 

"  I  am  also  obliged  by  ye  Original  Declaration  of  Independence, 
which  I  find  your  brethren  have  treated  as  they  did  ye  Manifesto  last 
summer — altered  it  much  for  the  worse ;  their  hopes  of  a  Reconciliation 
might  restrain  them  from  plain  truths  then,  but  what  could  cramp 
them  now?" — E.  Pendleton  to  Jefferson,  Aug.  10,  1776. 


1776]  Thomas  Jefferson  35 

A    DECLARATION    BY    THE    REPRESENTATIVES    OF    THE 

UNITED    STATES    OF    AMERICA,    IN    GENERAL 

CONGRESS    ASSEMBLED 

When  in  the  course  of  human  events  it  becomes 
necessary  for  one  people  to  dissolve  the  political 
bands  which  have  connected  them  with  another, 
and  to  assume  among  the  powers  of  the  earth  the 
separate  &  equal  station  to  which  the  laws  of  na 
ture  and  of  nature's  God  entitle  them,  a  decent  re 
spect  to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the 
separation . 

We  hold  these  truths  to  be  self-evident:  that  all 
men  are  created  equal;  that  they  are  endowed  by 
their  creator  with  inherent  and  inalienable  certain 
rights;  that  among  these  are  life,  liberty, 
&  the  pursuit  of  happiness:  that  to  secure  these 
rights,  governments  are  instituted  among  men,  de 
riving  their  just  powers  from  the  consent  of  the 
governed;  that  whenever  any  form  of  government 
becomes  destructive  of  these  ends,  it  is  the  right  of 
the  people  to  alter  or  abolish  it,  &  to  institute  new 
government,  laying  it's  foundation  on  such  prin 
ciples,  &  organizing  it's  powers  in  such  form,  as  to 
them  shall  seem  most  likely  to  effect  their  safety  & 
happiness.  Prudence  indeed  will  dictate  that  gov 
ernments  long  established  should  not  be  changed  for 
light  &  transient  causes;  and  accordingly  all  ex 
perience  hath  shown  that  mankind  are  more  disposed 
to  suffer  while  evils  are  sufferable,  than  to  right  them 
selves  by  abolishing  the  forms  to  which  they  are 


36  The  Writings  of  [1776 

accustomed.  But  when  a  long  train  of  abuses  & 
usurpations  begun  at  a  distinguished  period  and 
pursuing  invariably  the  same  object,  evinces  a  de 
sign  to  reduce  them  under  absolute  despotism,  it  is 
their  right,  it  is  their  duty  to  throw  off  such  govern 
ment,  &  to  provide  new  guards  for  their  future  se 
curity.  Such  has  been  the  patient  sufferance  of  these 
colonies;  &  such  is  now  the  necessity  which  con- 
aiter  strains  them  to  expunge  their  former 

systems  of  government.  The  history  of  the 
present  king  of  Great  Britain  is  a  history  of  un- 
rcpeated  remitting  injuries  &  usurpations,  among 
which  appears  no  solitary  fact  to  contradict  the 
an  having  uniform  tenor  of  the  rest  but  all  have  in 
direct  object  the  establishment  of  an  absolute 
tyranny  over  these  states.  To  prove  this  let  facts 
be  submitted  to  a  candid  world  for  the  truth  of  which 
we  pledge  a  faith  yet  unsullied  by  falsehood. 

He  has  refused  his  assent  to  laws  the  most  whole 
some  &  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of 
immediate  &  pressing  importance,  unless  suspended 
in  their  operation  till  his  assent  should  be  obtained; 
&  when  so  suspended,  he  has  utterly  neglected  to 
attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accom 
modation  of  large  districts  of  people,  unless  those 
people  would  relinquish  the  right  of  representation 
in  the  legislature,  a  right  inestimable  to  them,  & 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  deposi- 


1776]  Thomas  Jefferson  37 

tory  of  their  public  records,  for  the  sole  purpose  of 
fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly 
&  continually  for  opposing  with  manly  firmness  his 
invasions  on  the  rights  of  the  people. 

He  has  refused  for  a  long  time  after  such  dissolu 
tions  to  cause  others  to  be  elected,  whereby  the 
legislative  powers,  incapable  of  annihilation,  have 
returned  to  the  people  at  large  for  their  exercise,  the 
state  remaining  in  the  meantime  exposed  to  all  the 
dangers  of  invasion  from  without  &  convulsions 
within. 

He  has  endeavored  to  prevent  the  population  of 
these  states;  for  that  purpose  obstructing  the  laws 
for  naturalization  of  foreigners,  refusing  to  pass 
others  to  encourage  their  migrations  hither,  &  raising 
the  conditions  of  new  appropriations  of  lands. 

He  has  suffered  the  administration  of  obstructed 
justice  totally  to  cease  in  some  of  these  by 

states  refusing  his  assent  to  laws  for  establishing 
judiciary  powers. 

He  has  made  our  judges  dependant  on  his  will 
alone,  for  the  tenure  of  their  offices,  &  the  amount 
&  paiment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices  by  a  self 
assumed  power  and  sent  hither  swarms  of  new  officers 
to  harass  our  people  and  eat  out  their  substance. 

He  has  kept  among  us  in  times  of  peace  standing 
armies  and  ships  of  war  without  the  consent  of  our 
legislatures. 

He  has  affected  to  render  the  military  independant 
of,  &  superior  to  the  civil  power. 


38  The  Writings  of  [1776 

He  has  combined  with  others  to  subject  us  to  a 
jurisdiction  foreign  to  our  constitutions  &  unac 
knowledged  by  our  laws,  giving  his  assent  to  their 
acts  of  pretended  legislation  for  quartering  large 
bodies  of  armed  troops  among  r_r;  for  protecting 
them  by  a  mock-trial  from  punishment  for  any 
murders  which  they  should  commit  on  the  inhabit 
ants  of  these  states ;  for  cutting  off  our  trade  with  all 
parts  of  the  world ;  for  imposing  taxes  on  us  without 
in  many  our  consent ;  for  depriving  us  [  ]  of  the 
benefits  of  trial  by  jury;  for  transporting 
us  beyond  seas  to  bo  tried  for  pretended  offences; 
for  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbi 
trary  government,  and  enlarging  it's  boundaries,  so 
as  to  render  it  at  once  an  example  and  fit  instru 
ment  for  introducing  the  Game  absolute 
colonies  ruie  into  these  states ;  for  taking  away  our 
charters,  abolishing  our  most  valuable  laws,  and 
altering  fundamentally  the  forms  of  our  govern 
ments;  for  suspending  our  own  legislatures,  &  de 
claring  themselves  invested  with  power  to  legislate 
for  us  in  all  cases  whatsoever, 
by  declaring  He  has  abdicated  government  here  with- 

us  out  of  his 

drawing  his  governors,  and  declaring  us  out 
of  his  allegiance  &  protection. 
He  has  plundered  our  seas,  ravaged  our  coasts, 
burnt    our    towns,    &    destroyed    the    lives  of    our 
people. 

He  is  at  this  time  transporting  large  armies  of 
foreign  mercenaries  to  compleat  the  works  of  death, 
desolation  &  tyranny  already  begun  with  circum- 


war  against 
us. 


1776]  Thomas  Jefferson  39 

stances  of  cruelty  and  perfidy  [  ]  unworthy  the  head 
of  a  civilized  nation. 

He  has  constrained  our   fellow  citizens 


ages,  & 

taken  captive  on  the  high  seas  to  bear  arms  totally 
against  their  country,  to  become  the  executioners  of 
their  friends  &  brethren,  or  to  fall  themselves  by 
their  hands. 

He  has  [  ]  endeavored  to  bring  on  the         excited 

.  .  ~  ~  1  .-  domestic  in- 

inhabitants  of  our  frontiers  the  merciless      sun-ection 

among  us, 

Indian  savages,  whose  known  rule  of  war 

fare  is  an  undistinguished  destruction  of  all  ages, 

sexes,  &  conditions  of  existence. 

He  has  incited  treasonable  insurrections  of  our 
fellow-citizens,  with  the  allurements  of  forfeiture  & 
confiscation  of  our  property. 

He  has  waged  cruel  war  against  human  nature 
itself,  violating  it's  most  sacred  rights  of  life  and 
liberty  in  the  persons  of  a  distant  people  who  never 
offended  him,  captivating  &  carrying  them  into 
slavery  in  another  hemisphere,  or  to  incur  miserable 
death  in  their  transportation  thither.  This  piratical 
warfare,  the  opprobium  of  INFIDEL  powers,  is  the 
warfare  of  tfie  CHRISTIAN  king  of  Great  Britain.  De- 
termined  to  keep  open  a  market  where  MEN  should 
be  bought  &  sold,  he  has  prostituted  his  negative  for 
suppressing  every  legislative  attempt  to  prohibit  or 
to  restrain  this  execrable  commerce.  And  that  this 
assemblage  of  horrors  might  want  no  fact  of  distin 
guished  die,  he  is  now  exciting  those  very  people  to 
rise  in  arms  among  us,  and  to  purchase  that  liberty 
of  which  he  has  deprived  them,  by  murdering  the 
people  on  whom  ho  also  obtruded  them  :  thus  paying 


40  The  Writings  of  l>776 

off  former  crimes  committed  against  the  LIBERTIES 
of  one  people,  with  crimes  which  he  urges  them  to 
commit  against  the  LIVES  of  another. 

In  every  stage  of  these  oppressions  we  have  peti 
tioned  for  redress  in  the  most  humble  terms:  our 
repeated  petitions  have  been  answered  only  by  re 
peated  injuries. 

A  prince  whose  character  is  thus  marked  by  every 
act  which  may  define  a  tyrant  is  unfit  to  be  the  ruler 
free  of  a  [  ]  people  who  mean  to  be  free.  Future 

ages  will  scarcely  believe  that  the  hardiness  of  one 
man  adventured,  within  the  short  compass  of  twelve 
years  only,  to  lay  a  foundation  so  broad  &  so  undis 
guised  for  tyranny  over  a  people  fostered  &  fixed  in 
principles  of  freedom. 

Nor  have  we  been  wanting  in  attention  to  our 
British  brethren.  We  have  warned  them  from  time 
rantSf"  to  time  of  attempts  by  their  legislature  to 
us  extend  ^jurisdiction  over  these  our  states. 

We  have  reminded  them  of  the  circumstances  of  our 
emigration  &  settlement  here,  no  one  of  which  could 
warrant  so  strange  a  pretension:  that  these  were 
effected  at  the  expense  of  our  own  blood  &  treasure, 
unassisted  by  the  wealth  or  the  strength  of  Great 
Britain:  that  in  constituting  indeed  our  several 
forms  of  government,  we  had  adopted  one  common 
king,  thereby  laying  a  foundation  for  perpetual  league 
&  amity  with  them :  but  that  submission  to  their  par 
liament  was  no  part  of  our  constitution,  nor  ever  in 
have  idoa,  if  history  may  be  credited:  and,  we  [  ] 

and  we  have  appealed  to  their  native  justice  and  magnan- 
f£em  by  imity  as  well  as  to  the  ties  of  our  common 


1776]  Thomas  Jefferson  4r 

kindred  to  disavow  these  usurpations  which  were 
likely  to  interrupt  our  connection  and  cor-  wouidin. 
respondencc.  They  too  have  been  deaf  to 
the  voice  of  justice  &  of  consanguinity,  and  when 
occasions  have  been  given  them,  by  the  regular 
course  of  their  laws,  of  removing  from  their  coun 
cils  the  disturbers  of  our  harmony,  they  have,  by 
their  free  election,  re-established  them  in  power. 
At  this  very  time  too  they  are  permitting  their 
chief  magistrate  to  send  over  not  only  soldiers  of 
our  common  blood,  but  Scotch  &  foreign  mercena 
ries  to  invade  &  destroy  us.  These  facts  have  given 
the  last  stab  to  agonizing  affection,  and  manly  spirit 
bids  us  to  renounce  forever  these  unfeeling  brethren. 
We  must  endeavor  to  forget  our  former  love  for  them, 
and  hold  them  as  we  hold  the  rest  of  mankind,  ene 
mies  in  war,  in  peace  friends.  We  might  have  been 
a  free  and  a  great  people  together ;  but  a  communi 
cation  of  grandeur  &  of  freedom  it  seems  is  below 
their  dignity.  Be  it  so,  since  they  will  have  it.  The 
road  to  happiness  &  to  glory  is  open  to  us  too.  We 
will  tread  it  apart  from  them,  and  ac-  We  must  therefore 
quiesce  in  the  necessity  which  de-  and  hold  them  as 

.  we  hold  the  rest  of 

nuonces  our  eternal  separation  |  mankind,  enemies 

in   war,  in  peace 

friends. 


We  therefore  the  repre 
sentatives  of  the  United 
States  of  America  in  Gen 
eral  Congress  assembled 
do  in  the  name  &  by  au 
thority  of  the  good  people 
of  these  states  reject  & 


We  therefore  the  repre 
sentatives  of  the  United 
States  of  America  in  Gen 
eral  Congress  assembled, 
appealing  to  the  supreme 
judge  of  the  world  for  the 
rectitude  of  our  inten- 


The  Writings  of 


[1776 


renounce  all  allegiance  & 
subjection  to  the  kings  of 
Great  Britain  &  all  others 
who  may  hereafter  claim 
by,  through  or  under 
them:  we  utterly  dis 
solve  all  political  connec 
tion  which  may  hereto- 
fore  have  subsisted  be 
tween  us  &  the  people 
or  parliament  of  Great 
Britain:  &  finally  we  do 
assert  &  declare  these 
colonies  to  be  free  & 
independent  states,  & 
that  as  free  &  independ 
ent  states,  they  have 
full  power  to  levy  war, 
conclude  peace,  contract 
alliances,  establish  com 
merce,  &  to  do  all  other 
acts  &  things  which  inde 
pendent  states  may  of 
right  do. 

And  for  the  support 
of  this  declaration  we 
mutually  pledge  to  each 
other  our  lives,  our  for 
tunes,  &  our  sacred  honor. 


tions,  do  in  the  name,  & 
by  the  authority  of  the 
good  people  of  these  colo 
nies,  solemnly  publish  £ 
declare  that  these  united 
colonies  are  &  of  right 
ought  to  be  free  &  inde 
pendent  states ;  that  they 
are  absolved  from  all  al 
legiance  to  the  British 
crown,  and  that  all  poli 
tical  connection  between 
them  &  the  state  of  Great 
Britain  is,  &  ought  to  be, 
totally  dissolved ;  &  that 
as  free  &  independent 
states  they  have  full  pow 
er  to  levy  war,  conclude 
peace,  contract  alliances, 
establish  commerce  &  to 
do  all  other  acts  &  things 
which  independant  states 
may  of  right  do. 

And  for  the  support  of 
this  declaration,  with  a 
firm  reliance  on  the  pro 
tection  of  divine  provi 
dence  we  mutually  pledge 
to  each  other  our  lives, 
our  fortunes,  &  our  sa 
cred  honor.1 


This  is  printed  just  as  Jefferson  prepared  it  for  the  press.      By 


*776]  Thomas  Jefferson  43 

% 

The  Declaration  thus  signed  on  the  4th,  on  paper 
was  engrossed  on  parchment,  &  signed  again  on  the 
2d.  of  August.1 

On  Friday  July  12.  the  Committee  appointed  to 
draw  the  articles  of  confederation  reported  them, 
and  on  the  22d.  the  house  resolved  themselves  into 
a  committee  to  take  them  into  consideration.  On 
the  3oth.  &  3ist.  of  that  month  &  ist.  of  the  ensuing, 
those  articles  were  debated  which  determined  the 
proportion  or  quota  of  money  which  each  state 
should  furnish  to  the  common  treasury,  and  the 
manner  of  voting  in  Congress.  The  first  of  these 
articles  was  expressed  in  the  original  draught  in 
these  words.2  "  Art.  XL  All  charges  of  war  &  all 

comparing  it  with  the  text  as  printed  post,  under  July  4,  1776,  it  will 
be  seen  that  he  took  the  liberty  of  somewhat  changing  and  even  ex 
punging  portions. 

1  This  is  an  interlineation  made  at  a  later  period — apparently  after 
the  question  as  to  the  signing  of  the  declaration  was  raised.     Jefferson 
has  also  written  the  following  on  a  slip  and  pasted  it  on  the  sheet : 

"Some  erroneous  statements  of  the  proceedings  on  the  declaration 
of  independence  having  got  before  the  public  in  latter  times,  Mr. 
Samuel  A.  Wells  asked  explanations  of  me,  which  are  given  in  my  let 
ter  to  him  of  May  12.  19.  before  and  now  again  referred  to.  I  took 
notes  in  my  place  while  these  things  were  going  on,  and  at  their  close 
wrote  them  out  in  form  and  with  correctness  and  from  i  to  7  of  the 
two  preceding  sheets  are  the  originals  then  written ;  as  the  two  follow 
ing  are  of  the  earlier  debates  on  the  Confederation,  which  I  took  in 
like  manner." 

2  In  the  Works  of  John  Adams  (ii.,  492)  are  printed  his  memoranda 
of  the  debates  on   the   confederation,   wherein   he  has  recorded  the 
following  sentences  from  Jefferson's  speeches  on  that  subject:   Article 
14.  "The  limits  of  the  Southern  Colonies  are  fixed.     Moves  an  amend 
ment,  that  all  purchases  of  lands,  not  within  the  boundaries  of  any 
Colony,  shall  be  made  by  Congress  of  the  Indians  in  a  great  Council." 
Article   15.    "What  are  reasonable  limits?     What  security  have  we, 
that  the  Congress  will  not  curtail  the  present  settlements  of  the  States? 


44  The  Writings  of  i>776 

other  expenses  that  shall  be  incurred  for  the  common 
defence,  or  general  welfare,  and  allowed  by  the 
United  States  assembled,  shall  be  defrayed  out  of 
a  common  treasury,  which  shall  be  supplied  by  the 
several  colonies  in  proportion  to  the  number  of  in 
habitants  of  every  age,  sex  &  quality,  except  Indians 
not  paying  taxes,  in  each  colony,  a  true  account  of 
which,  distinguishing  the  white  inhabitants,  shall  be 
triennially  taken  &  transmitted  to  the  Assembly 
of  the  United  States." 

Mr.  [Samuel]  Chase  moved  that  the  quotas  should 
be  fixed,  not  by  the  number  of  inhabitants  of  every 
condition,  but  by  that  of  the  "white  inhabitants." 
He  admitted  that  taxation  should  be  alwais  in  pro 
portion  to  property,  that  this  was  in  theory  the  true 
rule,  but  that  from  a  variety  of  difficulties,  it  was  a 
rule  which  could  never  be  adopted  in  practice.  .The 
value  of  the  property  in  every  State  could  never  be 
estimated  justly  &  equally.  Some  other  measure 
for  the  wealth  of  the  State  must  therefore  be  devised, 
some  standard  referred  to  which  would  be  more  sim 
ple.  He  considered  the  number  of  inhabitants  as  a 
tolerably  good  criterion  of  property,  and  that  this 
might  alwais  be  obtained.  He  therefore  thought  it 
the  best  mode  which  we  could  adopt,  with  one  ex 
ception  only.  He  observed  that  negroes  are  prop- 

I  have  no  doubt  that  the  colonies  will  limit  themselves."  Article  16. 
"Thinks  the  Congress  will  have  a  short  meeting  in  the  Fall  and  another 
in  the  Spring."  Article  17.  "Explains  it  to  mean  the  Indians  who  live 
in  the  Colony.  These  are  subject  to  the  laws  in  some  degree.  .  .  . 
I  protest  against  the  right  of  Congress  to  decide  xipon  the  right  of  Vir 
ginia.  Virginia  has  released  all  claims  to  lands  settled  by  Maryland, 
&c." 


1776]  Thomas  Jefferson  45 

erty,  and  as  such  cannot  be  distinguished  from  the 
lands  or  personalities  held  in  those  States  where 
there  are  few  slaves,  that  the  surplus  of  profit  which 
a  Northern  farmer  is  able  to  lay  by,  he  invests  in 
cattle,  horses,  &c.  whereas  a  Southern  farmer  lays 
out  that  same  surplus  in  slaves.  There  is  no  more 
reason  therefore  for  taxing  the  Southern  states  on 
the  farmer's  head,  £  on  his  slave's  head,  than  the 
Northern  ones  on  their  farmer's  heads  &  the  heads 
of  their  cattle,  that  the  method  proposed  would 
therefore  tax  the  Southern  states  according  to  their 
numbers  &  their  wealth  conjunctly,  while  the  North 
ern  would  be  taxed  on  numbers  only:  that  negroes 
in  fact  should  not  be  considered  as  members  of  the 
state  more  than  cattle  &  that  they  have  no  more 
interest  in  it. 

Mr.  John  Adams  observed  that  the  numbers  of 
people  were  taken  by  this  article  as  an  index  of  the 
wealth  of  the  state,  &  not  as  subjects  of  taxation, 
that  as  to  this  matter  it  was  of  no  consequence  by 
what  name  you  called  your  people,  whether  by  that 
of  freemen  or  of  slaves.  That  in  some  countries  the 
labouring  poor  were  called  freemen,  in  others  they 
were  called  slaves;  but  that  the  difference  as  to  the 
state  was  imaginary  only.  What  matters  it  whether 
a  landlord  employing  ten  labourers  in  his  farm,  gives 
them  annually  as  much  money  as  will  buy  them  the 
necessaries  of  life,  or  gives  them  those  necessaries  at 
short  hand.  The  ten  labourers  add  as  much  wealth 
annually  to  the  state  increase  it's  exports  as  much 
in  the  one  case  as  the  other.  Certainly  500  freemen 
produce  no  more  profits,  no  greater  surplus  for  the 


46  The  Writings  of  [1776 

paiment  of  taxes  than  500  slaves.  Therefore  the 
state  in  which  are  the  labourers  called  freemen  should 
be  taxed  no  more  than  that  in  which  are  those  called 
slaves.  Suppose  by  any  extraordinary  operation  of 
nature  or  of  law  one  half  the  labourers  of  a  state 
could  in  the  course  of  one  night  be  transformed  into 
slaves:  would  the  state  be  made  the  poorer  or  the 
less  able  to  pay  taxes?  That  the  condition  of  the 
laboring  poor  in  most  countries,  that  of  the  fishermen 
particularly  of  the  Northern  states,  is  as  abject  as 
that  of  slaves.  It  is  the  number  of  labourers  which 
produce  the  surplus  for  taxation,  and  numbers  there 
fore  indiscriminately,  are  the  fair  index  of  wealth. 
That  it  is  the  use  of  the  word  "property"  here,  & 
it's  application  to  some  of  the  people  of  the  state, 
which  produces  the  fallacy.  How  does  the  Southern 
farmer  procure  slaves?  Either  by  importation  or 
by  purchase  from  his  neighbor.  If  he  imports  a 
slave,  he  adds  one  to  the  number  of  labourers  in  his 
country,  and  proportionably  to  it's  profits  &  abilities 
to  pay  taxes.  If  he  buys  from  his  neighbor  it  is  only 
a  transfer  of  a  labourer  from  one  farm  to  another, 
which  does  not  change  the  annual  produce  of  the 
state,  &  therefore  should  not  change  it's  tax.  That 
if  a  Northern  farmer  works  ten  labourers  on  his 
farm,  he  can,  it  is  true,  invest  the  surplus  of  ten 
men's  labour  in  cattle:  but  so  may  the  Southern 
farmer  working  ten  slaves.  That  a  state  of  one 
hundred  thousand  freemen  can  maintain  no  more 
cattle  than  one  of  one  hundred  thousand  slaves. 
Therefore  they  have  no  more  of  that  kind  of  prop 
erty.  That  a  slave  may  indeed  from  the  custom  of 


*776]  Thomas  Jefferson  47 

speech  be  more  properly  called  the  wealth  of  his 
master,  than  the  free  labourer  might  be  called  the 
wealth  of  his  employer:  but  as  to  the  state,  both 
were  equally  it's  wealth,  and  should  therefore 
equally  add  to  the  quota  of  it's  tax. 

Mr.  [Benjamin]  Harrison  proposed  as  a  compromise, 
that  two  slaves  should  be  counted  as  one  freeman. 
He  affirmed  that  slaves  did  not  do  so  much  work  as 
freemen,  and  doubted  if  two  effected  more  than  one. 
That  this  was  proved  by  the  price  of  labor.  The 
hire  of  a  labourer  in  the  Southern  colonies  being  from 
8  to  £12.  while  in  the  Northern  it  was  generally  £24. 

Mr.  [James]  Wilson  said  that  if  this  amendment 
should  take  place  the  Southern  colonies  would  have 
all  the  benefit  of  slaves,  whilst  the  Northern  ones 
would  bear  the  burthen.  That  slaves  increase  the 
profits  of  a  state,  which  the  Southern  states  mean 
to  take  to  themselves;  that  they  also  increase  the 
burthen  of  defence,  which  would  of  course  fall  so 
much  the  heavier  on  the  Northern.  That  slaves 
occupy  the  places  of  freemen  and  eat  their  food. 
Dismiss  your  slaves  &  freemen  will  take  their  places. 
It  is  our  duty  to  lay  every  discouragement  on  the 
importation  of  slaves;  but  this  amendment  would 
give  the  jus  trium  liberorum  to  him  who  would  im 
port  slaves.  That  other  kinds  of  property  were 
pretty  equally  distributed  thro'  all  the  colonies: 
there  were  as 'many  cattle,  horses,  &  sheep,  in  the 
North  as  the  South,  &  South  as  the  North;  but  not 
so  as  to  slaves.  That  experience  has  shown  that 
those  colonies  have  been  alwais  able  to  pay  most 
which  have  the  most  inhabitants,  whether  they  be 


48  The  Writings  of  1>776 

black  or  white,  and  the  practice  of  the  Southern 
colonies  has  alwais  been  to  make  every  farmer  pay 
poll  taxes  upon  all  his  labourers  whether  they  be 
black  or  white.  He  acknowledges  indeed  that  free 
men  work  the  most;  but  they  consume  the  most 
also.  They  do  not  produce  a  greater  surplus  for 
taxation.  The  slave  is  neither  fed  nor  clothed  so 
expensively  as  a  freeman.  Again  white  women  are 
exempted  from  labor  generally,  but  negro  women 
are  not.  In  this  then  the  Southern  states  have  an 
advantage  as  the  article  now  stands.  It  has  some 
times  been  said  that  slavery  is  necessary  because  the 
commodities  they  raise  would  be  too  dear  for  market 
if  cultivated  by  freemen ;  but  now  it  is  said  that  the 
labor  of  the  slave  is  the  dearest. 

Mr.  Payne  l  urged  the  original  resolution  of  Con 
gress,  to  proportion  the  quotas  of  the  states  to  the 
number  of  souls. 

Dr.  [John]  Witherspoon  was  of  opinion  that  the 
value  of  lands  &  houses  was  the  best  estimate  of  the 
wealth  of  a  nation,  and  that  it  was  practicable  to 
obtain  such  a  valuation.  This  is  the  true  barometer 
of  wealth.  The  one  now  proposed  is  imperfect  in  itself, 
and  unequal  between  the  States.  It  has  been  objected 
that  negroes  eat  the  food  of  freemen  &  therefore 
should  be  taxed.  Horses  also  eat  the  food  of  freemen ; 
therefore  they  also  should  be  taxed.  It  has  been  said 
too  that  in  carrying  slaves  into  the  estimate  of  the 
taxes  the  state  is  to  pay,  we  do  no  more  than  those 
states  themselves  do,  who  alwais  take  slaves  into  the 
estimate  of  the  taxes  the  individual  is  to  pay.  But 

1  Robert  Treat  Paine. 


*776J  Thomas  Jefferson  49 

the  cases  are  not  parallel.  In  the  Southern  colonies 
slaves  pervade  the  whole  colony;  but  they  do  not 
pervade  the  whole  continent.  That  as  to  the  orig 
inal  resolution  of  Congress  to  proportion  the  quotas 
according  to  the  souls,  it  was  temporary  only,  &  re 
lated  to  the  monies  heretofore  emitted:  whereas  we 
are  now  entering  into  a  new  compact,  and  therefore 
stand  on  original  ground. 

Aug.  i.  The  question  being  put  the  amendment 
proposed  was  rejected  by  the  votes  of  N.  Hampshire, 
Massachusetts,  Rhode  island,  Connecticut,  N.  York, 
N.  Jersey,  &  Pennsylvania,  against  those  of  Dela 
ware,  Maryland,  Virginia,  North-  &  South  Carolina. 
Georgia  was  divided. 

The  other  article  was  in  these  words.  "Art.  XVII. 
In  determining  questions  each  colony  shall  have  one 
vote." 

July  30.  31.  Aug.  i.  Present  41.  members.  Mr. 
Chase  observed  that  this  article  was  the  most  likely 
to  divide  us  of  any  one  proposed  in  the  draught  then 
under  consideration.  That  the  larger  colonies  had 
threatened  they  would  not  confederate  at  all  if  their 
weight  in  congress  should  not  be  equal  to  the  num 
bers  of  people  they  added  to  the  confederacy ;  while 
the  smaller  ones  declared  against  a  union  if  they  did 
not  retain  an  equal  vote  for  the  protection  of  their 
rights.  That  it  was  of  the  utmost  consequence  to 
bring  the  parties  together,  as  should  we  sever  from 
each  other,  either  no  foreign  power  will  ally  with  us 
at  all,  or  the  different  states  will  form  different  alli 
ances,  and  thus  increase  the  horrors  of  those  scenes 
of  civil  war  and  bloodshed  which  in  such  a  state  of 

VOL.    I.— 4, 


50  The  Writings  of 

separation  &  independance  would  render  us  a  miser 
able  people.  That  our  importance,  our  interests, 
our  peace  required  that  we  should  confederate,  and 
that  mutual  sacrifices  should  be  made  to  effect  a 
compromise  of  this  difficult  question.  He  was  of 
opinion  the  smaller  colonies  would  lose  their  rights, 
if  they  were  not  in  some  instances  allowed  an  equal 
vote;  and  therefore  that  a  discrimination  should 
take  place  among  the  questions  which  would  come 
before  Congress.1  That  the  smaller  states  should 
be  secured  in  all  questions  concerning  life  or  liberty 
&  the  greater  ones  in  all  respecting  property.  He 
therefore  proposed  that  in  votes  relating  to  money, 
the  voice  of  each  colony  should  be  proportioned  to 
the  number  of  its  inhabitants. 

Dr.  Franklin  2  thought  that  the  votes  should  be  so 
proportioned  in  all  cases.  He  took  notice  that  the 
Delaware  counties  had  bound  up  their  Delegates  to 
disagree  to  this  article.  He  thought  it  a  very  ex 
traordinary  language  to  be  held  by  any  state,  that 
they  would  not  confederate  with  us  unless  we  would 
let  them  dispose  of  our  money.  Certainly  if  we  vote 
equally  we  ought  to  pay  equally;  but  the  smaller 
states  will  hardly  purchase  the  privilege  at  this  price. 
That  had  he  lived  in  a  state  where  the  representation, 
originally  equal,  had  become  unequal  by  time  & 
accident  he  might  have  submitted  rather  than  dis 
turb  government ;  but  that  we  should  be  very  wrong 
to  set  out  in  this  practice  when  it  is  in  our  power  to 
establish  what  is  right.  That  at  the  time  of  the 

1  "He  therefore  proposed"  struck  out  in  MS.  by  author. 
a  ''Seconded  the  proposition"  struck  out  in  MS.  by  author. 


1776]  Thomas  Jefferson  51 

Union  between  England  and  Scotland  the  latter  had 
made  the  objection  which  the  smaller  states  now  do. 
But  experience  had  proved  that  no  unfairness  had 
ever  been  shown  them.  That  their  advocates  had 
prognosticated  that  it  would  again  happen  as  in 
times  of  old,  that  the  whale  would  swallow  Jonas, 
but  he  thought  the  prediction  reversed  in  event  and 
that  Jonas  had  swallowed  the  whale,  for  the  Scotch 
had  in  fact  got  possession  of  the  government  and 
gave  laws  to  the  English.  He  reprobated  the  orig 
inal  agreement  of  Congress  to  vote  by  colonies  and 
therefore  was  for  their  voting  in  all  cases  according 
to  the  number  of  taxables.1 

Dr.  Witherspoon  opposed  every  alteration  of  the 
article.  All  men  admit  that  a  confederacy  is 
necessary.  Should  the  idea  get  abroad  that  there 
is  likely  to  be  no  union  among  us,  it  will  damp  the 
minds  of  the  people,  diminish  the  glory  of  our  strug 
gle,  &  lessen  it's  importance;  because  it  will  open  to 
our  view  future  prospects  of  war  &  dissension  among 
ourselves.  If  an  equal  vote  be  refused,  the  smaller 
states  will  become  vassals  to  the  larger;.  &  all  ex 
perience  has  shown  that  the  vassals  &  subjects  of 
free  states  are  the  most  enslaved.  He  instanced  the 
Helots  of  Sparta  &  the  provinces  of  Rome.  He  ob 
served  that  foreign  powers  discovering  this  blemish 
would  make  it  a  handle  for  disengaging  the  smaller 
states  from  so  unequal  a  confederacy.  That  the 
colonies  should  in  fact  be  considered  as  individuals  ; 
and  that  as  such,  in  all  disputes  they  should  have  an 

1  "So  far  going  beyond  Mr.  Chase's  proposition,"  struck  out  in  MS. 
by  author. 


52  The  Writings  of  [1776 

equal  vote ;  that  they  are  now  collected  as  individ 
uals  making  a  bargain  with  each  other,  &  of  course 
had  a  right  to  vote  as  individuals.  That  in  the  East 
India  company  they  voted  by  persons,  &  not  by 
their  proportion  of  stock.  That  the  Belgic  con 
federacy  voted  by  provinces.  That  in  questions  of 
war  the  smaller  states  were  as  much  interested  as 
the  larger,  &  therefore  should  vote  equally;  and  in 
deed  that  the  larger  states  were  more  likely  to  bring 
war  on  the  confederacy  in  proportion  as  their  frontier 
was  more  extensive.  He  admitted  that  equality  of 
representation  was  an  excellent  principle,  but  then 
it  must  be  of  things  which  are  co-ordinate;  that  is, 
of  things  similar  &  of  the  same  nature :  that  nothing 
relating  to  individuals  could  ever  come  before  Con 
gress  ;  nothing  but  what  would  respect  colonies.  He 
distinguished  between  an  incorporating  &  a  federal 
union.  The  union  of  England  was  an  incorporating 
one;  yet  Scotland  had  suffered  by  that  union:  for 
that  it's  inhabitants  were  drawn  from  it  by  the  hopes 
of  places  &  employments.  Nor  was  it  an  instance 
of  equality  of  representation;  because  while  Scot 
land  was  allowed  nearly  a  thirteenth  of  representa 
tion  they  were  to  pay  only  one  fortieth  of  the  land 
tax.  He  expressed  his  hopes  that  in  the  present 
enlightened  state  of  men's  minds  we  might  expect 
a  lasting  confederacy,  if  it  was  founded  on  fair 
principles. 

John  Adams  advocated  the  voting  in  proportion 
to  numbers.  He  said  that  we  stand  here  as  the  re 
presentatives  of  the  people.  That  in  some  states 
the  people  are  many,  in  others  they  are  few;  that 


1776]  Thomas  Jefferson  53 

therefore  their  vote  here  should  be  proportioned  to 
the  numbers  from  whom  it  comes.  Reason,  justice, 
&  equity  never  had  weight  enough  on  the  face  of  the 
earth  to  govern  the  councils  of  men.  It  is  interest 
alone  which  does  it,  and  it  is  interest  alone  which  can 
be  trusted.  That  therefore  the  interests  within 
doors  should  be  the  mathematical  representatives  of 
the  interests  without  doors.  That  the  individuality 
of  the  colonies  is  a  mere  sound.  Does  the  individu 
ality  of  a  colony  increase  it's  wealth  or  numbers.  If  it 
does,  pay  equally.  If  it  does  not  add  weight  in  the 
scale  of  the  confederacy,  it  cannot  add  to  their  rights, 
nor  weigh  in  argument.  A.  has  £50.  B.  £500.  C. 
£1000.  in  partnership.  Is  it  just  they  should  equally 
dispose  of  the  monies  of  the  partnership?  It  has 
been  said  we  are  independent  individuals  making  a 
bargain  together.  The  question  is  not  what  we  are 
now,  but  what  we  ought  to  be  when  our  bargain 
shall  be  made.  The  confederacy  is  to  make  us  one 
individual  only ;  it  is  to  form  us,  like  separate  parcels 
of  metal,  into  one  common  mass.  We-  shall  no 
longer  retain  our  separate  individuality,  but  become 
a  single  individual  as  to  all  questions  submitted  to 
the  confederacy.  Therefore  all  those  reasons  which 
prove  the  justice  &  expediency  of  equal  represen 
tation  in  other  assemblies,  hold  good  here.  It  has 
been  objected  that  a  proportional  vote  will  endanger 
the  smaller  states.  We  answer  that  an  equal  vote 
will  endanger  the  larger.  Virginia,  Pennsylvania,  & 
Massachusetts  are  the  three  greater  colonies.  Con 
sider  their  distance,  their  difference  of  produce, 
of  interests  &  of  manners,  &  it  is  apparent  they  can 


54  The  Writings  of  l>776 

never  have  an  interest  or  inclination  to  combine  for 
the  oppression  of  the  smaller.  That  the  smaller  will 
naturally  divide  on  all  questions  with  the  larger. 
Rhode  isld,  from  it's  relation,  similarity  &  inter 
course  will  generally  pursue  the  same  objects  with 
Massachusetts;  Jersey,  Delaware  &  Maryland,  with 
Pennsylvania. 

Dr.  [Benjamin]  Rush  took  notice  that  the  decay 
of  the  liberties  of  the  Dutch  republic  proceeded  from 
three  causes,  i .  The  perfect  unanimity  requisite  on 
all  occasions.  2.  Their  obligation  to  consult  their 
constituents.  3.  Their  voting  by  provinces.  .This 
last  destroyed  the  equality  of  representation,  and 
the  liberties  of  great  Britain  also  are  sinking  from  the 
same  defect.  That  a  part  of  our  rights  is  deposited 
in  the  hands  of  our  legislatures.  There  it  was  ad 
mitted  there  should  be  an  equality  of  representation. 
Another  part  of  our  rights  is  deposited  in  the  hands 
of  Congress:  why  is  it  not  equally  necessary  there 
should  be  an  equal  representation  there?  Were  it 
possible  to  collect  the  whole  body  of  the  people  to 
gether,  they  would  determine  the  questions  sub 
mitted  to  them  by  their  majority.  Why  should  not 
the  same  majority  decide  when  voting  here  by  their 
representatives?  The  larger  colonies  are  so  provi 
dentially  divided  in  situation  as  to  render  every  fear 
of  their  combining  visionary.  Their  interests  are 
different,  &  their  circumstances  dissimilar.  It  is 
more  probable  they  will  become  rivals  &  leave  it  in 
the  power  of  the  smaller  states  to  give  preponderance 
to  any  scale  they  please.  The  voting  by  the  number 
of  free  inhabitants  will  have  one  excellent  effect,  that 


i776J  Thomas  Jefferson  55 

of  inducing  the  colonies  to  discourage  slavery  &  to 
encourage  the  increase  of  their  free  inhabitants. 

Mr.  [Stephen]  Hopkins  observed  there  were  4 
larger,  4  smaller,  &  4  middle-sized  colonies.  That 
the  4  largest  would  contain  more  than  half  the  in 
habitants  of  the  confederated  states,  &  therefore 
would  govern  the  others  as  they  should  please.  That 
history  affords  no  instance  of  such  a  thing  as 
equal  representation.  The  Germanic  body  votes  by 
states.  The  Helvetic  body  does  the  same;  &  so  does 
the  Belgic  confederacy.  That  too  little  is  known  of 
the  ancient  confederations  to  say  what  was  their 
practice. 

Mr.  Wilson  thought  that  taxation  should  be  in 
proportion  to  wealth,  but  that  representation  should 
accord  with  the  number  of  freemen.  That  govern 
ment  is  a  collection  or  result  of  the  wills  of  all.  That 
if  any  government  could  speak  the  will  of  all,  it 
would  be  perfect ;  and  that  so  far  as  it  departs  from 
this  it  becomes  imperfect.  It  has  been  said  that 
Congress  is  a  representation  of  states ;  not  of  indivi 
duals.  I  say  that  the  objects  of  its  care  are  all  the 
individuals  of  the  states.  It  is  strange  that  annexing 
the  name  of  "State"  to  ten  thousand  men,  should 
give  them  an  equal  right  with  forty  thousand.  This 
must  be  the  effect  of  magic,  not  of  reason.  As  to 
those  matters  which  are  referred  to  Congress,  we  are 
not  so  many  states,  we  are  one  large  state.  We  lay 
aside  our  individuality,  whenever  we  come  here. 
The  Germanic  body  is  a  burlesque  on  government; 
and  their  practice  on  any  point  is  a  sufficient 
authority  &  proof  that  it  is  wrong.  The  greatest 


56  The  Writings  of  [1776 

imperfection  in  the  constitution  of  the  Belgic  confed 
eracy  is  their  voting  by  provinces.  The  interest  of 
the  whole  is  constantly  sacrificed  to  that  of  the  small 
states.  The  history  of  the  war  in  the  reign  of  Q. 
Anne  sufficiently  proves  this.  It  is  asked  shall  nine 
colonies  put  it  into  the  power  of  four  to  govern  them 
as  they  please?  I  invert  the  question,  and  ask  shall 
two  millions  of  people  put  it  in  the  power  of  one 
million  to  govern  them  as  they  please?  It  is  pre 
tended  too  that  the  smaller  colonies  will  be  in  danger 
from  the  greater.  Speak  in  honest  language  &  say 
the  minority  will  be  in  danger  from  the  majority. 
And  is  there  an  assembly  on  earth  where  this  danger 
may  not  be  equally  pretended?  The  truth  is  that 
our  proceedings  will  then  be  consentaneous  with  the 
interests  of  the  majority,  and  so  they  ought  to  be. 
The  probability  is  much  greater  that  the  larger 
states  will  disagree  than  that  they  will  combine.  I 
defy  the  wit  of  man  to  invent  a  possible  case  or  to 
suggest  any  one  thing  on  earth  which  shall  be  for  the 
interests  of  Virginia,  Pennsylvania  &  Massachusetts, 
and  which  will  not  also  be  for  the  interest  of  the 
other  states.1 

These  articles  reported  July  12.  76  were  debated 

1  Here  end  the  notes  which  Jefferson  states  were  taken  "while  these 
things  were  going  on,  and  at  their  close  "  were  "written  out  in  form  and 
with  correctness."  Much  of  their  value  depends  on  the  date  of  their 
writing,  but  there  is  nothing  to  show  this,  except  negative  evidence. 
The  sheets  were  all  written  at  the  same  time,  which  makes  the  writing 
after  Aug.  i,  1776;  while  the  misstatements  as  to  the  signing,  and  as 
to  Dickinson's  presence,  would  seem  almost  impossible  unless  greater 
time  even  than  this  had  elapsed  between  the  occurrence  and  the  notes. 
The  MS.  is,  moreover,  considerably  corrected  and  interlined,  which 
would  hardly  be  the  case  if  merely  a  transcript  of  rough  notes. 


Thomas  Jefferson  57 

from  day  to  day,  &  time  to  time  for  two  years,  were 
ratified  July  9,  '78,  by  10  states,  by  N.  Jersey  on  the 
26th.  of  Nov.  of  the  same  year,  and  by  Delaware  on 
the  23d.  of  Feb.  following.  Maryland  alone  held  off 
2  years  more,  acceding  to  them  Mar  i,  81.  and  thus 
closing  the  obligation. 

Our  delegation  had  been  renewed  for  the  ensuing 
year  commencing  Aug.  1 1 .  but  the  new  government 
was  now  organized,  a  meeting  of  the  legislature  was 
to  be  held  in  Oct.  and  I  had  been  elected  a  member 
by  my  county.  I  knew  that  our  legislation  under 
the  regal  government  had  many  very  vicious  points 
which  urgently  required  reformation,  and  I  thought 
I  could  be  of  more  use  in  forwarding  that  work.  I 
therefore  retired  from  my  seat  in  Congress  on  the  26.. 
of  Sep.  resigned  it,  and  took  my  place  in  the  legisla 
ture  of  my  state,  on  the  yth.  of  October. 

On  the  nth.1  I  moved  for  leave  to  bring  in  a  bill 
for  the  establishment  of  courts  of  justice,  the  or 
ganization  of  which  was  of  importance;  I  drew  the 
bill  it  was  approved  by  the  commee,  reported  and 
passed  after  going  thro'  it's  due  course.2 

1  Ordered,  That  leave  be  given  to  bring  in  a  bill  For  the  establishment 
of  courts  of  justice  within  this  Commonwealth,  and  that  Mr.  Jefferson, 
Mr.  Smith,  Mr.  Bullitt,  Mr.  Fleming,  Mr.  Watts,  Mr.  Williams,  Mr.  Gray, 
Mr.  Bland,  Mr.  Braxton,  and  Mr.  Curie  do  prepare  and  bring  in  the 
same. — Journal  of  the  House  of  Delegates,  1/7(5,  p.  12. 

2  This  is  erroneously  stated.     After  the  committee  was  formed  they 
were  directed  by  the  House  of  Delegates  to  ''divide  the  subject  thereof 
into  five  distinct  bills. "     Three  of  these.  ("Appeals,"  "Chancery,"  and 
"Assize")  were  introduced  by  Jefferson  Nov.  25,  1776,  and  the  other 
two  ("Admiralty"  and  "County")  Dec.  4,   1776.     All  but  the  "Ad 
miralty"  (which  was  promptly  passed)  encountered  bitter  opposition, 
(see  note  to:   Bill  for  suspending  execution  for  debt,  Dec.  6,  1776),  and 
none  were  acted  upon  at  this  session,  nor  at  the  succeeding  one.      On 


58  The  Writings  of  [1776 

On  the  1 2th.  I  obtained  leave  to  bring  in  a  bill 
declaring  tenants  in  tail  to  hold  their  lands  in  fee 
simple.1  In  the  earlier  times  of  the  colony  when 
lands  were  to  be  obtained  for  little  or  nothing,  some 
provident  individuals  procured  large  grants,  and,  de 
sirous  of  founding  great  families  for  themselves,  set 
tled  them  on  their  descendants  in  fee- tail.  The 
transmission  of  this  property  from  generation  to 
generation  in  the  same  name  raised  up  a  distinct  set 
of  families  who,  being  privileged  by  law  in  the  per 
petuation  of  their  wealth  were  thus  formed  into  a 
Patrician  order,  distinguished  by  the  splendor  and 
luxury  of  their  establishments.  From  this  order 
too  the  king  habitually  selected  his  Counsellors  of 
State,  the  hope  of  which  distinction  devoted  the 
whole  corps  to  the  interests  &  will  of  the  crown.  To 
annul  this  privilege,  and  instead  of  an  aristocracy  of 
wealth,  of  more  harm  and  danger,  than  benefit,  to 
society,  to  make  an  opening  for  the  aristocracy  of 
virtue  and  talent,  which  nature  has  wisely  provided 
for  the  direction  of  the  interests  of  society,  &  scat 
tered  with  equal  hand  through  all  it's  conditions, 
was  deemed  essential  to  a  well  ordered  republic.  To 
effect  it  no  violence  was  necessary,  no  deprivation  of 
natural  right,  but  rather  an  enlargement  of  it  by  a 
repeal  of  the  law.  For  this  would  authorize  the 
present  holder  to  divide  the  property  among  his 

Oct.  30,  1777,  fresh  leave  was  granted  to  introduce  bills  establishing 
Courts  of  Appeals,  "  General  Court  and  Court  of  Assize  "  and  Chancery. 
The  latter  two  were  passed  at  this  session,  and  the  first  passed  at  the 
first  session  in  1778.  They  are  all  printed  in  A  Collection  of  the  Public 
Acts  of  Virginia.  Richmond,  1785,  pp.  66,  70,  84. 
1  See  post,  Oct.  12,  1776. 


J776]  Thomas  Jefferson  59 

children  equally,  as  his  affections  were  divided ;  and 
would  place  them,  by  natural  generation  on  the  level 
of  their  fellow  citizens.  But  this  repeal  was  strongly 
opposed  by  Mr.  Pendleton,  who  was  zealously  at 
tached  to  ancient  establishments;  and  who,  taken  all 
in  all,  was  the  ablest  man  in  debate  I  have  ever  met 
with.  He  had  not  indeed  the  poetical  fancy  of  Mr. 
Henry,  his  sublime  imagination,  his  lofty  and  over 
whelming  diction ;  but  he  was  cool,  smooth  and  per 
suasive;  his  language  flowing,  chaste  &  embellished, 
his  conceptions  quick,  acute  and  full  of  resource; 
never  vanquished;  for  if  he  lost  the  main  battle,  he 
returned  upon  you,  and  regained  so  much  of  it  as  to 
make  it  a  drawn  one,  by  dexterous  manoeuvres, 
skirmishes  in  detail,  and  the  recovery  of  small  ad 
vantages  which,  little  singly,  were  important  alto 
gether.  You  never  knew  when  you  were  clear  of 
him,  but  were  harassed  by  his  perseverance  until  the 
patience  was  worn  down  of  all  who  had  less  of  it  than 
himself.  Add  to  this  that  he  was  one  of  the  most 
virtuous  &  benevolent  of  men,  the  kindest-friend,  the 
most  amiable  &  pleasant  of  companions,  which  en 
sured  a  favorable  reception  to  whatever  came  from 
him.  Finding  that  the  general  principles  of  entails 
could  not  be  maintained,  he  took  his  stand  on  an 
amendment  which  he  proposed,  instead  of  an  abso 
lute  abolition,  to  permit  the  tenant  in  tail  to  convey 
in  fee  simple,  if  he  chose  it :  and  he  was  within  a  few 
votes  of  saving  so  much  of  the  old  law.  But  the  bill 
passed  finally  for  entire  abolition. 

In  that  one  of  the  bills  for  organizing  our  judiciary 
system  which  proposed  a  court  of  chancery,  I  had 


60  The  Writings  of  l>776 

provided  for  a  trial  by  jury  of  all  matters  of  fact 
in  that  as  well  as  in  the  courts  of  law.  He  defeated 
it  by  the  introduction  of  4.  words  only,  "if  either 
party  chuse."  l  The  consequence  has  been  that  as  no 
suitor  will  say  to  his  judge,  "Sir,  I  distrust  you,  give 
me  a  jury"  juries  are  rarely,  I  might  say  perhaps 
never  seen  in  that  court,  but  when  called  for  by  the 
Chancellor  of  his  own  accord. 

The  first  establishment  in  Virginia  which  became 
permanent  was  made  in  1607.  I  have  found  no 
mention  of  negroes  in  the  colony  until  about  1650. 
The  first  brought  here  as  slaves  were  by  a  Dutch 
ship ;  after  which  the  English  commenced  the  trade 
and  continued  it  until  the  revolutionary  war.  That 
suspended,  ipso  facto,  their  further  importation  for 
the  present,  and  the  business  of  the  war  pressing 
constantly  on  the  legislature,  this  subject  was  not 
acted  on  finally  until  the  year  78.  when  I  brought 
in  a  bill  to  prevent  their  further  importation.2  This 

1  This  was  one  of  the  five  bills  into  which  the  committee  by  order  of 
the  House  of  Delegates  divided  the  law  for  the  establishment  of  courts 
of  justice  (see  Journal  of  the  House  of  Delegates,  p.  69).      But  the  ori 
ginal  draft  of  the  bill  (which  is  not  in  Jefferson's  handwriting)  in  the 
Virginia  State  Archives  contains  only  the  clause  concerning  juries  in 
the  bill  as  passed,  which  was  to  the  effect  that  by  mutual  agreement  of 
the  parties  the  case  could  be  submitted  to  the  judge,  without  the  calling 
of  a  jury,  but  otherwise  a  jury  trial  should  be  given;  such  having  been 
the  lav/  before  the  extinction  of  the  courts  by  the  revolutionary  con 
flict.     Moreover,  with  the  rough  draft  of  the  bill  already  alluded  to,  is 
a  separate  paper,  in  Pendleton's  handwriting,  containing  his  amend 
ments  to  the  bill,  which  does  not  alter  in  any  way  the  jury  system  in 
the  original  bill. 

2  This  is  erroneously  stated.     The  earliest  step  towards  this  limita 
tion  was  the  permission  of  the  House  of  Delegates,  Nov.  8,  1777,  to 
John  Henry  and  Starke  to  introduce  a  bill  "to  prohibit  the  importa 
tion  of  slaves."     On  Nov.  22d,  Henry  introduced  a  bill  which  was  read 


Thomas  Jefferson  61 

passed  without  opposition,  and  stopped  the  increase 
of  the  evil  by  importation,  leaving  to  future  efforts 
its  final  eradication. 

The  first  settlers  of  this  colony  were  Englishmen, 
loyal  subjects  to  their  king  and  church,  and  the  grant 
to  Sr.  Walter  Raleigh  contained  an  express  Proviso 
that  their  laws  "should  not  be  against  the  true 
Christian  faith,  now  professed  in  the  church  of  Eng 
land."  As  soon  as  the  state  of  the  colony  admitted, 
it  was  divided  into  parishes,  in  each  of  which  was 
established  a  minister  of  the  Anglican  church,  en 
dowed  with  a  fixed  salary,  in  tobacco,  a  glebe  house 
and  land  with  the  other  necessary  appendages.  To 
meet  these  expenses  all  the  inhabitants  of  the 
parishes  were  assessed,  whether  they  were  or  not, 
members  of  the  established  church.  Towards  Quak 
ers  who  came  here  they  were  most  cruelly  intolerant, 
driving  them  from  the  colony  by  the  severest  penal 
ties.  In  process  of  time  however,  other  sectarisms 
were  introduced,  chiefly  of  the  Presbyterian  family; 
and  the  established  clergy,  secure  for  life  in  their 
glebes  and  salaries,  adding  to  these  generally  the 
emoluments  of  a  classical  school,  found  employment 

for  a  first  and  second  time  on  that  day,  and  then  postponed  from  time 
to  time  till  the  end  of  the  session.  In  the  next  session,  the  matter  was 
taken  up  de  novo,  on  Oct.  15,  1778,  by  the  House  of  Delegates  ordering 
the  committee  of  trade  to  prepare  a  new  bill.  It  was  introduced  by 
Kella  as  chairman  of  the  committee  on  Oct.  i5th,  passed  on  Oct.  22d, 
amended  by  the  Senate  on  the  23d,  and  finally  concurred  in  by  the 
House,  Oct.  27,  1778.  Jefferson  thus  clearly  had  nothing  to  do  with 
the  first  bill,  and,  as  he  did  not  take  his  seat  at  the  second  session  till 
Nov.  3oth,  it  is  equally  certain  he  had  nothing  to  do  with  the  one  which 
was  adopted. — See  Journal  of  the  House  of  Delegates  for  1777,  pp.  17, 
40;  for  1778,  pp.  ii,  13,  19,  23.  The  original  draft  of  the  bill,  now  in 
the  Virginia  State  Archives,  is  not  in  Jefferson's  handwriting. 


62  The  Writings  of  [1776 

enough,  in  their  farms  and  schoolrooms  for  the  rest 
of  the  week,  and  devoted  Sunday  only  to  the  edifica 
tion  of  their  flock,  by  service,  and  a  sermon  at  their 
parish  church.  Their  other  pastoral  functions  were 
little  attended  to.  Against  this  inactivity  the  zeal 
and  industry  of  sectarian  preachers  had  an  open  and 
undisputed  field ;  and  by  the  time  of  the  revolution, 
a  majority  of  the  inhabitants  had  become  dissenters 
from  the  established  church,  but  were  still  obliged 
to  pay  contributions  to  support  the  Pastors  of  the 
minority.  This  unrighteous  compulsion  to  maintain 
teachers  of  what  they  deemed  religious  errors  was 
grievously  felt  during  the  regal  government,  and 
without  a  hope  of  relief.  But  the  first  republican 
legislature  which  met  in  76.  was  crowded  with  pe 
titions  to  abolish  this  spiritual  tyranny.  These 
brought  on  the  severest  contests  in  which  I  have 
ever  been  engaged.  Our  great  opponents  were  Mr. 
Pendelton  &  Robert  Carter  Nicholas,  honest  men, 
but  zealous  churchmen.  The  petitions  were  referred 
to  the  commee  of  the  whole  house  on  the  state  of  the 
country;  and  after  desperate  contests  in  that  com 
mittee,  almost  daily  from  the  nth  of  Octob.1  to  the 
5th  of  December,  -we  prevailed  so  far  only  as  to  repeal 
the  laws  which  rendered  criminal  the  maintenance  of 
any  religious  opinions,  the  forbearance  of  repairing  to 
church,  or  the  exercise  of  any  mode  of  worship:  and 

1  An  error.  These  petitions  were  invariably  referred  to  the  "Com 
mittee  of  Religion"  consisting  of  nineteen  members  (including  Jeffer 
son)  appointed  Oct.  11,  1776.  See  Journal  of  the  House  of  Delegates, 
pp.  7,  24,  26,  35,  47.  On  Nov.  pth,  however,  that  committee  was  "dis 
charged"  of  this  question  and  it  was  referred  to  the  "Committee  of 
the  Whole  House  upon  the  State  of  the  Country." 


J776]  Thomas  Jefferson  63 

further,  to  exempt  dissenters  from  contributions  to 
the  support  of  the  established  church;  and  to  sus 
pend,  only  until  the  next  session  levies  on  the  mem 
bers  of  that  church  for  the  salaries  of  their  own  in 
cumbents.  For  although  the  majority  of  our  citizens 
were  dissenters,  as  has  been  observed,  a  majority  of 
the  legislature  were  churchmen.  Among  these  how 
ever  were  some  reasonable  and  liberal  men,  who 
enabled  us,  on  some  points,  to  obtain  feeble  majori 
ties.  But  our  opponents  carried  in  the  general  reso 
lutions  of  the  commee  of  Nov.  19.  a  declaration  that 
religious  assemblies  ought  to  be  regulated,  and  that 
provision  ought  to  be  made  for  continuing  the  suc 
cession  of  the  clergy,  and  superintending  their  con 
duct.  And  in  the  bill  now  passed  r  was  inserted  an 
express  reservation  of  the  question  Whether  a  general 
assessment  should  not  be  established  by  law,  on 
every  one,  to  the  support  of  the  pastor  of  his  choice; 
or  whether  all  should  be  left  to  voluntary  contribu 
tions;  and  on  this  question,  debated  at  every  session 
from  76  to  79  (some  of  our  dissenting  allies,  having 
now  secured  their  particular  object,  going  over  to  the 
advocates  of  a  general  assessment)  we  could  only 
obtain  a  suspension  from  session  to  session  until  79. 
when  the  question  against  a  general  assessment  was 
finally  carried,  and  the  establishment  of  the  Anglican 

1  Entitled:  "An  Act  for  exempting  the  different  societies  of  dis 
senters  from  contributing  to  the  support  and  maintenance  of  the 
church  as  by  law  established,  and  its  ministers,  and  for  other  purposes 
therein  mentioned."  Passed  by  the  House  of  Delegates,  Dec.  5th. 
Concurred  in  by  the  Senate  Dec.  gth.  Re-enacted  Jan.  i,  1778.  It  is 
printed  in  A  Collection  of  Public  Acts  of  Virginia,  Richmond,  1785, 
P-  39- 


64  The  Writings  of  [J776 

church  entirely  put  down.  In  justice  to  the  two 
honest  but  zealous  opponents,  who  have  been  named 
I  must  add  that  altho',  from  their  natural  tempera 
ments,  they  were  more  disposed  generally  to  acqui 
esce  in  things  as  they  are,  then  to  risk  innovations, 
yet  whenever  the  public  will  had  once  decided,  none 
were  more  faithful  or  exact  in  their  obedience  to  it. 

The  seat  of  our  government  had  been  originally 
fixed  in  the  peninsula  of  Jamestown,  the  first  settle 
ment  of  the  colonists ;  and  had  been  afterwards  re 
moved  a  few  miles  inland  to  Williamsburg.  But  this 
was  at  a  time  when  our  settlements  had  not  extended 
beyond  the  tide  water.  Now  they  had  crossed  the 
Alleghany;  and  the  center  of  population  was  very 
far  removed  from  what  it  had  been.  Yet  Williams- 
burg  was  still  the  depository  of  our  archives,  the 
habitual  residence  of  the  Governor  &  many  other  of 
the  public  functionaries,  the  established  place  for  the 
sessions  of  the  legislature,  and  the  magazine  of  our 
military  stores:  and  it's  situation  was  so  exposed 
that  it  might  be  taken  at  any  time  in  war,  and,  at 
this  time  particularly,  an  enemy  might  in  the  night 
run  up  either  of  the  rivers  between  which  it  lies,  land 
a  force  above,  and  take  possession  of  the  place,  with 
out  the  possibility  of  saving  either  persons  or  things. 
I  had  proposed  it's  removal  so  early  as  Octob.  76.*  but 
it  did  not  prevail  until  the  session  of  May.  '79. 

Early  in  the  session  of  May  79.  I  prepared,  and 
obtained  leave  to  bring  in  a  bill  declaring  who  should 

1  This  was  moved  as  early  as  1761,  and  only  failed  by  a  vote  of  35 
to  36.  A  second  attempt  was  made  Feb.  10,  1772. — Journal  of  the 
House  of  Burgesses.  Cf.  post,  Oct.  14,  1776. 


1777]  Thomas  Jefferson  65 

be  deemed  citizens,  asserting  the  natural  right  of 
expatriation,  and  prescribing  the  mode  of  exercising 
it.  This,  when  I  withdrew  from  the  house  on  the  ist 
of  June  following,  I  left  in  the  hands  of  George  Mason 
and  it  was  passed  on  the  26th  of  that  month.1 

In  giving  this  account  of  the  laws  of  which  I  was 
myself  the  mover  &  draughtsman,  I  by  no  means 
mean  to  claim  to  myself  the  merit  of  obtaining  their 
passage.  I  had  many  occasional  and  strenuous 
coadjutors  in  debate,  and  one  most  steadfast,  able, 
and  zealous;  who  was  himself  a  host.  This  was 
George  Mason,  a  man  of  the  first  order  of  wisdom 
among  those  who  acted  on  the  theatre  of  the  revolu 
tion,  of  expansive  mind,  profound  judgment,  cogent 
in  argument,  learned  in  the  lore  of  our  former  con 
stitution,  and  earnest  for  the  republican  change  on 
democratic  principles.  His  elocution  was  neither 
flowing  nor  smooth,  but  his  language  was  strong, 
his  manner  most  impressive,  and  strengthened  by  a 
dash  of  biting  cynicism  when  provocation  made  it 
seasonable. 

Mr.  Wythe,  while  speaker  in  the  two  sessions  of 
1777.  between  his  return  from  Congress  and  his  ap 
pointment  to  the  Chancery,  was  an  able  and  constant 
associate  in  whatever  was  before  a  committee  of  the 
whole.  His  pure  integrity,  judgment  and  reasoning 
powers  gave  him  great  weight.  Of  him  see  more  in 
some  notes  inclosed  in  my  letter  of  August  31,  1821, 
to  Mr.  John  Saunderson. 

Mr.  Madison  came  into  the  House  in  1776.  a  new 
member  and  young ;  which  circumstances,  concurring 

1  Printed  in  the  Report  of  the  Committee  of  Revisors,  p.  41. 


66  The  Writings  of  I>776 

with  his  extreme  modesty,  prevented  his  ventur 
ing  himself  in  debate  before  his  removal  to  the 
Council  of  State  in  Nov.  77.  From  thence  he  went  to 
Congress,  then  consisting  of  few  members.  Trained 
in  these  successive  schools,  he  acquired  a  habit  of 
self-possession  which  placed  at  ready  command  the 
rich  resources  of  his  luminous  and  discriminating 
mind,  &  of  his  extensive  information,  and  rendered 
him  the  first  of  every  assembly  afterwards  of  which 
he  became  a  member.  Never  wandering  from  his 
subject  into  vain  declamation,  but  pursuing  it  closely 
in  language  pure,  classical,  and  copious,  soothing 
always  the  feelings  of  his  adversaries  by  civilities  and 
softness  of  expression,  he  rose  to  the  eminent  station 
which  he  held  in  the  great  National  convention  of 
1787.  and  in  that  of  Virginia  which  followed,  he  sus 
tained  the  new  constitution  in  all  its  parts,  bearing  off 
the  palm  against  the  logic  of  George  Mason,  and  the 
fervid  declamation  of  Mr.  Henry.  With  these  con 
summate  powers  were  united  a  pure  and  spotless 
virtue  which  no  calumny  has  ever  attempted  to  sully. 
Of  the  powers  and  polish  of  his  pen,  and  of  the  wis 
dom  of  his  administration  in  the  highest  office  of  the 
nation,  I  need  say  nothing.  They  have  spoken,  and 
will  forever  speak  for  themselves. 

So  far  we  were  proceeding  in  the  details  of  reforma 
tion  only ;  selecting  points  of  legislation  prominent  in 
character  &  principle,  urgent,  and  indicative  of  the 
strength  of  the  general  pulse  of  reformation.  When 
I  left  Congress,  in  76.  it  was  in  the  persuasion  that 
our  whole  code  must  be  reviewed,  adapted  to  our 
republican  form  of  government,  and,  now  that  we 


*776]  Thomas  Jefferson  67 

had  no  negatives  of  Councils,  Governors  &  Kings  to 
restrain  us  from  doing  right,  that  it  should  be  cor- 
.rected,  in  all  it's  parts,  with  a  single  eye  to  reason,  & 
the  good   of   those   for  whose  government   it  was 
framed.     Early  therefore  '   in  the  session  of  76.  to 
which  I  returned,  I  moved  and  presented  a  bill  for  the 
revision  of  the  laws ;  which  was  passed  on  the  24th.  of 
October,  and  on  the  5th.  of  November  Mr.  Pendleton, 
Mr.  Wythe,  George  Mason,  Thomas  L.  Lee  and  my 
self  were  appointed  a  committee  to  execute  the  work. 
We  agreed  to  meet  at  Fredericksburg  to  settle  the 
plan  of  operation  and  to  distribute  the  work.     We 
met  there  accordingly,  on  the  i3th.  of  January  1777. 
The  first  question  was  whether  we  should  propose  to 
abolish  the  whole  existing  system  of  laws,  and  pre 
pare  a  new  and  complete  Institute,  or  preserve  the 
general  system,  and  only  modify  it  to  the  present 
state  of  things.     Mr.  Pendleton,  contrary  to  his  usual 
disposition  in  favor  of  antient  things,  was  for  the 
former  proposition,  in  which  he  was  joined  by  Mr. 
Lee.     To  this  it  was  objected  that  to  abrogate  our 
whole  system  would  be  a  bold  measure,  and  probably 
far  beyond  the  views  of  the  legislature ;  that  they  had 
been  in  the  practice  of  revising  from  time  to  time  the 
laws  of  the  colony,  omitting  the  expired,  the  repealed 
and  the  obsolete,  amending  only  those  retained,  and 
probably  meant  we  should  now  do  the  same,  only 
including  the  British  statutes  as  well  as  our  own :  that 
to  compose  a  new  Institute  like  those  of  Justinian  and 
Bracton,  or  that  of  Blackstone,  which  was  the  model 
proposed  by  Mr.  Pendleton,  would  be  an  arduous 

1  Oct.  1 2th.     Cf.  note  on  this  revision,  post,  under  June  18,  1779. 


68  The  Writings  of  [1777 

undertaking,  of  vast  research,  of  great  consideration 
&  judgment ;  and  when  reduced  to  a  text,  every  word 
of  that  text,  from  the  imperfection  of  human  lan 
guage,  and  it's  incompetence  to  express  distinctly 
every  shade  of  idea,  would  become  a  subject  of  ques 
tion  &  chicanery  until  settled  by  repeated  adjudi 
cations;  that  this  would  involve  us  for  ages  in 
litigation,  and  render  property  uncertain  until,  like 
the  statutes  of  old,  every  word  had  been  tried,  and 
settled  by  numerous  decisions,  and  by  new  volumes 
of  reports  &  commentaries;  and  that  no  one  of  us 
probably  would  undertake  such  a  work,  which,  to  be 
systematical,  must  be  the  work  of  one  hand.  This 
last  was  the  opinion  of  Mr.  Wythe,  Mr.  Mason  &  my 
self.  When  we  proceeded  to  the  distribution  of  the 
work,  Mr.  Mason  excused  himself  as,  being  no  lawyer, 
he  felt  himself  unqualified  for  the  work,  and  he 
resigned  soon  after.  Mr.  Lee  excused  himself  on  the 
same  ground,  and  died  indeed  in  a  short  time.  The 
other  two  gentlemen  therefore  and  myself  divided 
the  work  among  us.  The  common  law  and  statutes 
to  the  4.  James  I.  (when  our  separate  legislature  was 
established)  were  assigned  to  me ;  the  British  statutes 
from  that  period  to  the  present  day  to  Mr.  Wythe, 
and  the  Virginia  laws  to  Mr.  Pendleton.  As  the  law 
of  Descents,  &  the  criminal  law  fell  of  course  within 
my  portion,  I  wished  the  commee  to  settle  the  lead 
ing  principles  of  these,  as  a  guide  for  me  in  framing 
them.  And  with  respect  to  the  first,  I  proposed  to 
abolish  the  law  of  primogeniture,  and  to  make  real 
estate  descendible  in  parcenary  to  the  next  of  kin,  as 
personal  property  is  by  the  statute  of  distribution. 


177.7]  Thomas  Jefferson  69 

Mr.  Pendleton  wished  to  preserve  the  right  of  primo 
geniture,  but  seeing  at  once  that  that  could  not 
prevail,  he  proposed  we  should  adopt  the  Hebrew 
principle,  and  give  a  double  portion  to  the  elder  son. 
I  observed  that  if  the  eldest  son  could  eat  twice  as 
much,  or  do  double  work,  it  might  be  a  natural  evi 
dence  of  his  right  to  a  double  portion ;  but  being  on 
a  par  in  his  powers  &  wants,  with  his  brothers  and 
sisters,  he  should  be  on  a  par  also  in  the  partition  of 
the  patrimony,  and  such  was  the  decision  of  the  other 
members. 

On  the  subject  of  the  Criminal  law,  all  were  agreed 
that  the  punishment  of  death  should  be  abolished, 
except  for  treason  and  murder;  and  that,  for  other 
felonies  should  be  substituted  hard  labor  in  the  public 
works,  and  in  some  cases,  the  Lex  talionis.  How 
this  last  revolting  principle  came  to  obtain  our  appro 
bation,  I  do  not  remember.  There  remained  indeed 
in  our  laws  a  vestige  of  it  in  a  single  case  of  a  slave, 
it  was  the  English  law  in  the  time  of  the  Anglo- 
Saxons,  copied  probably  from  the  Hebrew  law  of 
"an  eye  for  an  eye,  a  tooth  for  a  tooth,"  and  it  was 
the  law  of  several  antient  people.  But  the  modern 
mind  had  left  it  far  in  the  rear  of  it's  advances. 
These  points  however  being  settled,  we  repaired  to 
our  respective  homes  for  the  preparation  of  the 
work,  v 

Feb.  6.  In  the  execution  of  my  part  I  thought  it 
material  not  to  vary  the  diction  of  the  antient  statutes 
by  modernizing  it,  nor  to  give  rise  to  new  questions 
by  new  expressions.  The  text  of  these  statutes  had 
been  so  fully  explained  and  defined  by  numerous 


70  The  Writings  of  [1779 

adjudications,  as  scarcely  ever  now  to  produce  a 
question  in  our  courts.  I  thought  it  would  be  useful 
also,  in  all  new  draughts,  to  reform  the  style  of  the 
later  British  statutes,  and  of  our  own  acts  of  assembly, 
which  from  their  verbosity,  their  endless  tautolo 
gies,  their  involutions  of  case  within  case,  and  paren 
thesis  within  parenthesis,  and  their  multiplied  efforts 
at  certainty  by  saids  and  aforesaids,  by  ors  and  by 
ands,  to  make  them  more  plain,  do  really  render 
them  more  perplexed  and  incomprehensible,  not  only 
to  common  readers,  but  to  the  lawyers  themselves. 
We  were  employed  in  this  work  from  that  time  to 
Feb.  1779,  when  we  met  at  Williamsburg,  that  is  to 
say,  Mr.  Pendleton,  Mr.  Wythe  &  myself,  and  meet 
ing  day  by  day,  we  examined  critically  our  several 
parts,  sentence  by  sentence,  scrutinizing  and  amend 
ing  until  we  had  agreed  on  the  whole.  We  then  re 
turned  home,  had  fair  copies  made  of  our  several 
parts,  which  were  reported  to  the  General  Assembly 
June  1 8.  1779.  by  Mr.  Wythe  and  myself,  Mr.  Pendle 
ton  's  residence  being  distant,  and  he  having  author 
ized  us  by  letter  to  declare  his  approbation.  We  had 
in  this  work  brought  so  much  of  the  Common  law  as 
it  was  thought  necessary  to  alter,  all  the  British 
statutes  from  Magna  Charta  to  the  present  day,  and 
all  the  laws  of  Virginia,  from  the  establishment  of  our 
legislature,  in  the  4th.  Jac.  i.  to  the  present  time, 
which  we  thought  should  be  retained,  within  the 
compass  of  126  bills,  making  a  printed  folio  of  90 
pages  only.  Some  bills  were  taken  out  occasionally, 
from  time  to  time,  and  passed;  but  the  main  body  of 
the  work  was  not  entered  on  by  the  legislature  until 


1779]  Thomas  Jefferson  71 

after  the  general  peace,  in  1785.  when  by  the  un 
wearied  exertions  of  Mr.  Madison,  in  opposition  to  the 
endless  quibbles,  chicaneries,  perversions,  vexations 
and  delays  of  lawyers  and  demi-lawyers,  most  of 
the  bills  were  passed  by  the  legislature,  with  little 
alteration.1 

The  bill  for  establishing  religious  freedom,2  the 
principles  of  which  had,  to  a  certain  degree,  been 
enacted  before,  I  had  drawn  in  all  the  latitude  of 
reason  &  right.  It  still  met  with  opposition;  but, 
with  some  mutilations  in  the  preamble,  it  was  finally 
passed;  and  a  singular  proposition  proved  that  it's 
protection  of  opinion  was  meant  to  be  universal. 
Where  the  preamble  declares  that  coercion  is  a  de 
parture  from  the  plan  of  the  holy  author  of  our 
religion,  an  amendment  was  proposed,  by  inserting 
the  word  "Jesus  Christ,"  so  that  it  should  read  "a 
departure  from  the  plan  of  Jesus  Christ,  the  holy 
author  of  our  religion"  the  insertion  was  rejected  by 
a  great  majority,  in  proof  that  they  meant  to  com 
prehend,  within  the  mantle  of  it's  protection,  the 
Jew  and  the  Gentile,  the  Christian  and  Mahometan, 
the  Hindoo,  and  infidel  of  every  denomination. 

Beccaria  and  other  writers  on  crimes  and  punish 
ments  had  satisfied  the  reasonable  world  of  the 
unrightfulness  and  inefficacy  of  the  punishment  of 
crimes  by  death;  and  hard  labor  on  roads,  canals 
and  other  public  works,  had  been  suggested  as  a 
proper  substitute.  The  Revisors  had  adopted  these 

1  See  Correspondence  of  James  Madison,  i.,  199,  203,  207,  212  ;  iii.,  532, 
580,  583,  612. 

2  Printed  in  this  edition  under  June  18,  1779. 


72  The  Writings  of  [1779 

opinions;  but  the  general  idea  of  our  country  had 
not  yet  advanced  to  that  point.  The  bill  therefore 
for  proportioning  crimes  and  punishments  was  lost 
in  the  House  of  Delegates  by  a  majority  of  a  single 
vote.1  I  learnt  afterwards  that  the  substitute  of 
hard  labor  in  public  was  tried  (I  believe  it  was  in 
Pennsylvania)  without  success.  Exhibited  as  a  pub 
lic  spectacle,  with  shaved  heads  and  mean  clothing, 
working  on  the  high  roads  produced  in  the  crimi 
nals  such  a  prostration  of  character,  such  an  abandon 
ment  of  self-respect,  as,  instead  of  reforming,  plunged 
them  into  the  most  desperate  &  hardened  depravity 
of  morals  and  character. — To  pursue  the  subject  of 
this  law. — I  was  written' to  in  1785  (being  then  in 
Paris)  by  Directors  appointed  to  superintend  the 
building  of  a  Capitol  in  Richmond,  to  advise  them 
as  to  a  plan,  and  to  add  to  it  one  of  a  prison.  Think 
ing  it  a  favorable  opportunity  of  introducing  into 
the  state  an  example  of  architecture  in  the  classic 
style  of  antiquity,  and  the  Maison  quarree  of  Nismes, 
an  antient  Roman  temple,  being  considered  as  the 

1  ' '  We  went  on  slowly  but  successfully  till  we  arrived  at  the  bill  con 
cerning  crimes  and  punishments.  Here  the  adversaries  of  the  Code 
exerted  their  whole  force,  which,  being  abetted  by  the  impatience  of 
its  friends  in  an  advanced  stage  of  the  session,  so  far  prevailed  that  the 
farther  prosecution  of  the  work  was  postponed  till  the  next  session." 
— Madison  to  Jefferson,  January  22,  1786.  "After  being  altered  so  as 
to  remove  most  of  the  objections,  as  was  thought  [it]  was  lost  by  a 
single  vote.  The  rage  against  Horse-stealers  had  a  great  influence  on 
the  fate  of  the  bill.  Our  old  bloody  code  is  by  this  event  fully  re 
stored." — Madison  to  Jefferson,  February  15,  1787.  •  "In  the  changes 
made  in  the  penal  law,  the  Revisers  were  unfortunately  misled  into 

some  of  the  specious  errors  of [Beccaria]  then  in  the  zenith  of  his 

fame  as  a  philosophical  legislator." — Madison  to  Grimke,  January  15, 
1828. 


1779]  Thomas  Jefferson  73 

most  perfect  model  existing  of  what  may  be  called 
Cubic  architecture,  I  applied  to  M.  Clerissault,  who 
had  published  drawings  of  the  Antiquities  of  Nismes, 
to  have  me  a  model  of  the  building  made  in  stucco, 
only  changing  the  order  from  Corinthian  to  Ionic,  on 
account  of  the  difficulty  of  the  Corinthian  capitals. 
I  yielded  with  reluctance  to  the  taste  of  Clerissault, 
in  his  preference  of  the  modern  capital  of  Scamozzi 
to  the  more  noble  capital  of  antiquity.  This  was 
executed  by  the  artist  whom  Choiseul  Gouffier  had 
carried  with  him  to  Constantinople,  and  employed 
while  Ambassador  there,  in  making  those  beautiful 
models  of  the  remains  of  Grecian  architecture  which 
are  to  be  seen  at  Paris.  To  adapt  the  exterior  to 
our  use,  I  drew  a  plan  for  the  interior,  with  the 
apartments  necessary  for  legislative,  executive  & 
judiciary  purposes,  and  accommodated  in  their  size 
and  distribution  to  the  form  and  dimensions  of  the 
building.  These  were  forwarded  to  the  Directors  in 
1786.  and  were  carried  into  execution,  with  some 
variations  not  for  the  better,  the  most  important  of 
which  however  admit  of  future  correction.  With 
respect  to  the 'plan  of  a  Prison,  requested  at  the 
same  time,  I  had  heard  of  a  benevolent  society  in 
England  which  had  been  indulged  by  the  govern 
ment  in  an  experiment  of  the  effect  of  labor  in  soli 
tary  confinement  on  some  of  their  criminals,  which 
experiment  had  succeeded  beyond  expectation.  The 
same  idea  had  been  suggested  in  France,  and  an 
Architect  of  Lyons  had  proposed  a  plan  of  a  well 
contrived  edifice  on  the  principle  of  solitary  confine 
ment.  I  procured  a  copy,  and  as  it  was  too  large 


74  The  Writings  of  [1779 

for  our  purposes,  I  drew  one  on  a  scale,  less  exten 
sive,  but  susceptible  of  additions  as  they  should  be 
wanting.  This  I  sent  to  the  Directors  instead  of  a 
plan  of  a  common  prison,  in  the  hope  that  it  would 
suggest  the  idea  of  labor  in  solitary  confinement  in 
stead  of  that  on  the  public  works,  which  we  had 
adopted  in  our  Revised  Code.  It's  principle  ac 
cordingly,  but  not  it's  exact  form,  was  adopted  by 
Latrobe  in  cany  ing  the  plan  into  execution,  by  the 
erection  of  what  is  now  called  the  Penitentiary, 
built  under  his  direction.  In  the  meanwhile  the 
public  opinion  was  ripening  by  time,  by  reflection, 
and  by  the  example  of  Pensylva,  where  labor  on  the 
highways  had  been  tried  without  approbation  from 
1786  to  89.  &  had  been  followed  by  their  Peniten 
tiary  system  on  the  principle  of  confinement  and  la 
bor,  which  was  proceeding  auspiciously.  In  1 796.  our 
legislature  resumed  the  subject  and  passed  the  law 
for  amending  the  Penal  laws  of  the  commonwealth. 
They  adopted  solitary,  instead  of  public  labor,  es 
tablished  a  gradation  in  the  duration  of  the  confine 
ment,  approximated  the  style  of  the  law  more  to  the 
modern  usage,  and  instead  of  the  settled  distinctions 
of  murder  &  manslaughter,  preserved  in  my  bill,  they 
introduced  the  new  terms  of  murder  in  the  ist  &  2d 
degree.  Whether  these  have  produced  more  or 
fewer  questions  of  definition  I  am  not  sufficiently 
informed  of  our  judiciary  transactions  to  say.  I 
will  here  however  insert  the  text  of  my  bill,  with  the 
notes  I  made  in  the  course  of  my  researches  into  the 
subject.1 

1  Printed  in  this  edition  under  June  18,  1779. 


1779]  Thomas  Jefferson  75 

Feb.  7.  The  acts  of  assembly  concerning  the 
College  of  Wm.  £  Mary,  were  properly  within  Mr. 
Pendleton's  portion  of  our  work.  But  these  related 
chiefly  to  it's  revenue,  while  it's  constitution,  or 
ganization  and  scope  of  science  were  derived  from 
it's  charter.  We  thought,  that  on  this  subject  a 
systematical  plan  of  general  education  should  be 
proposed,  and  I  was  requested  to  undertake  it.  I 
accordingly  prepared  three  bills  for  the  Revisal, 
proposing  three  distinct  grades  of  education,  reach 
ing  all  classes.1  i .  Elementary  schools  for  all  children 
generally,  rich  and  poor.  2.  Colleges  for  a  middle 
degree  of  instruction,  calculated  for  the  common 
purposes  of  life,  and  such  as  would  be  desirable  for 
all  who  were  in  easy  circumstances.  And  3d.  an 
ultimate  grade  for  teaching  the  sciences  generally, 
&  in  their  highest  degree.  The  first  bill  proposed  to 
lay  off  every  county  into  Hundreds  or  Wards,  of 
a  proper  size  and  population  for  a  school,  in  which 
reading,  writing,  and  common  arithmetic  should  be 
taught;  and  that  the  whole  state  should  be  divided 
into  24  districts,  in  each  of  which  should  be  a  school 
for  classical  learning,  grammar,  geography,  and  the 
higher  branches  of  numerical  arithmetic.  The  sec 
ond  bill  proposed  to  amend  the  constitution  of  Wm. 
&  Mary  College,  to  enlarge  it's  sphere  of  science,  and 
to  make  it  in  fact  an  University.  The  third  was  for 
the  establishment  of  a  library.  These  bills  were  not 
acted  on  until  the  same  year  '96.  and  then  only  so 
much  of  the  first  as  provided  for  elementary  schools. 
The  College  of  Wm.  &  Mary  was  an  establishment 

1  Printed  in  this  edition  under  June  18,  1779. 


76  The  Writings  of  [1779 

purely  of  the  Church  of  England,  the  Visitors  were 
required  to  be  all  of  that  Church;  'the  Professors  to 
subscribe  it's  39  Articles,  it's  Students  to  learn  it's 
Catechism,  and  one  of  its  fundamental  objects  was 
declared  to  be  to  raise  up  Ministers  for  that  church. 
The  religious  jealousies  therefore  of  all  the  dissenters 
took  alarm  lest  this  might  give  an  ascendancy  to  the 
Anglican  sect  and  refused  acting  on  that  bill.  Its 
local  eccentricity  too  and  unhealthy  autumnal  cli 
mate  lessened  the  general  inclination  towards  it. 
And  in  the  Elementary  bill  they  inserted  a  provision 
which  completely  defeated  it,  for  they  left  it  to  the 
court  of  each  county  to  determine  for  itself  when 
this  act  should  be  carried  into  execution,  within 
their  county.  One  provision  of  the  bill  was  that  the 
expenses  of  these  schools  should  be  borne  by  the  in 
habitants  of  the  county,  every  one  in  proportion  to 
his  general  tax-rate.  This  would  throw  on  wealth 
the  education  of  the  poor;  and  the  justices,  being 
generally  of  the  more  wealthy  class,  were  unwilling 
to  incur  that  burthen,  and  I  believe  it  was  not  suf 
fered  to  commence  in  a  single  county.  I  shall  recur 
again  to  this  subject  towards  the  close  of  my  story,  if  I 
should  have  life  and  resolution  enough  to  reach  that 
term ;  for  I  am  already  tired  of  talking  about  myself. 
The  bill  on  the  subject  of  slaves  was  a  mere  digest 
of  the  'existing  laws  respecting  them,  without  any 
intimation  of  a  plan  for  a  future  &  general  emanci 
pation.  It  was  thought  better  that  this  should  be 
kept  back,  and  attempted  only  by  way  of  amendment 
whenever  the  bill  should  be  brought  on.1  The  prin- 

1  Cf.  post,  with  Notes  on  Virginia  in  this  edition. 


1779]  Thomas  Jefferson  77 

ciples  of  the  amendment  however  were  agreed  on, 
that  is  to  say,  the  freedom  of  all  born  after  a  certain 
day,  and  deportation  at  a  proper  age.  But  it  was 
found  that  the  public  mind  would  not  yet  bear  the 
proposition,  nor  will  it  bear  it  even  at  this  day.  Yet 
the  day  is  not  distant  when  it  must  bear  and  adopt 
it,  or  worse  will  follow.  Nothing  is  more  certainly 
written  in  the  book  of  fate  than  that  these  people 
are  to  be  free.  Nor  is  it  less  certain  that  the  two 
races,  equally  free,  cannot  live  in  the  same  govern 
ment.  Nature,  habit,  opinion  has  drawn  indelible 
lines  of  distinction  between  them.  It  is  still  in  our 
power  to  direct  the  process  of  emancipation  and  de 
portation  peaceably  and  in  such  slow  degree  as  that 
the  evil  will  wear  off  insensibly,  and  their  place  be 
pari  passu  filled  up  by  free  white  laborers.  If  on  the 
contrary  it  is  left  to  force  itself  on,  human  nature 
must  shudder  at  the  prospect  held  up.  We  should 
in  vain  look  for  an  example  in  the  Spanish  deporta 
tion  or  deletion  of  the  Moors.  This  precedent  would 
fall  far  short  of  our  case. 

I  considered  4  of  these  bills,  passed  or  reported, 
as  forming  a  system  by  which  every  fibre  would  be 
eradicated  of  antient  or  future  aristocracy;  and  a 
foundation  laid  for  a  government  truly  republican. 
The  repeal  of  the  laws  of  entail  would  prevent  the 
accumulation  and  perpetuation  of  wealth  in  select 
families,  and  preserve  the  soil  of  the  country  from 
being  daily  more  &  more  absorbed  in  Mortmain. 
The  abolition  of  primogeniture,  and  equal  partition 
of'  inheritances  removed  the  feudal  and  unnatural 
distinctions  which  made  one  member  of  every  family 


78  The  Writings  of  [1779 

rich,  and  all  the  rest  poor,  substituting  equal  parti 
tion,  the  best  of  all  Agrarian  laws.  The  restoration 
of  the  rights  of  conscience  relieved  the  people  from 
taxation  for  the  support  of  a  religion  not  theirs;  for 
the  establishment  was  truly  of  the  religion  of  the 
rich,  the  dissenting  sects  being  entirely  composed  of 
the  less  wealthy  people;  and  these,  by  the  bill  for  a 
general  education,  would  be  qualified  to  understand 
their  rights,  to  maintain  them,  and  to  exercise  with  in 
telligence  their  parts  in  self-government :  and  all  this 
would  be  effected  without  the  violation  of  a  single  nat 
ural  right  of  any  one  individual  citizen.  To  these  too 
might  be  added,  as  a  further  security,  the  introduction 
of  the  trial  by  jury,  into  the  Chancery  courts,  which 
have  already  ingulfed  and  continue  to  ingulf,  so  great 
a  proportion  of  the  jurisdiction  over  our  property. 

On  the  ist  of  June  17 79. -I  was  appointed  Governor 
of  the  Commonwealth  and  retired  from  the  legis 
lature.  Being  elected  also  one  of  the  Visitors  of 
Wm.  &  Mary  college,  a  self-electing  body,  I  effected, 
during  my  residence  in  Williamsburg  that  year,  a 
change  in  the  organization  of  that  institution  by 
abolishing  the  Grammar  school,  and  the  two  pro 
fessorships  of  Divinity  &  Oriental  languages,  and 
substituting  a  professorship  of  Law  &  Police,  one  of 
Anatomy  Medicine  and  Chemistry,  and  one  of 
Modern  languages;  and  the  charter  confining  us  to 
six  professorships,1  we  added  the  law  of  Nature  & 
Nations,  &  the  Fine  Arts  to  the  duties  of  the  Moral 
professor,  and  Natural  history  to  those  of  the  pro 
fessor  of  Mathematics  and  Natural  philosophy. 

1  Cf.  post,  with  Notes  on  Virginia  in  this  edition. 


1779]  Thomas  Jefferson  79 

Being  now,  as  it  were,  identified  with  the  Com 
monwealth  itself,  to  write  my  own  history  during 
the  two  years  of  my  administration,  would  be  to 
write  the  public  history  of  that  portion  of  the  revo 
lution  within  this  state.  This  has  been  done  by 
others,  and  particularly  by  Mr.  Girardin,  who  wrote 
his  Continuation  of  Burke 's  history  of  Virginia 
while  at  Milton,  in  this  neighborhood,  had  free  access 
to  all  my  papers  while  composing  it,  and  has  given 
as  faithful  an  account  as  I  could  myself.  For  this 
portion  therefore  of  my  own  life,  I  refer  altogether 
to  his  history.  From  a  belief  that  under  the  pres 
sure  of  the  invasion  under  which  we  were  then  labor 
ing  the  public  would  have  more  confidence  in  a 
Military  chief,  and  that  the  Military  commander, 
being  invested  with  the  Civil  power  also,  both  might 
be  wielded  with  more  energy  promptitude  and  effect 
for  the  defence  of  the  state,  I  resigned  the  adminis 
tration  at  the  end  of  my  2d.  year,  and  General  Nelson 
was  appointed  to  succeed  me. 

vSoon  after  my  leaving  Congress  in  Sep.-  '76,  to  wit 
on  the  last  day  of  that  month,1  I  had  been  appointed, 
with  Dr.  Franklin,  to  go  to  France,  as  a  Commis 
sioner  to  negotiate  treaties  of  alliance  and  commerce 
with  that  government.  Silas  Deane,  then  in  France, 
acting  as  agent 2  for  procuring  military  stores,  was 

1  An  error.      He  was  appointed  Sept.  26th. — Secret  Journals  of  Con 
gress*  ii.,  31. 

2  His  ostensible  character  was  to  be  that  of  a  merchant,  his  real  one 
that  of  agent  for  military  supplies,  and  also  for  sounding  the  dispositions 
of  the  government  of  France,  and  seeing  how  far  they  would  favor  us, 
either  secretly  or  openly.      His  appointment  had  been  by  the  Com 
mittee  of  Foreign  Correspondence,  March,  1776. — T.  J. 


8o  The  Writings  of  [1782 

joined  with  us  in  commission.  But  such  was  the 
state  of  my  family  that  I  could  not  leave  it,  nor 
could  I  expose  it  to  the  dangers  of  the  sea,  and  of 
capture  by  the  British  ships,  then  covering  the 
ocean.  I  saw  too  that  the  laboring  oar  was  really 
at  home,  where  much  was  to  be  done  of  the  most 
permanent  interest  in  new  modelling  our  govern 
ments,  and  much  to  defend  our  fanes  and  fire-sides 
from  the  desolations  of  an  invading  enemy  pressing 
on  our  country  in  every  point.  I  declined  therefore 
and  Dr.  Lee  was  appointed  in  my  place.  On  the 
1 5th.  of  June  '  1781.  I  had  been  appointed  with  Mr. 
Adams,  Dr.  Franklin,  Mr.  Jay,  and  Mr.  Laurens  a 
Minister  plenipotentiary  for  negotiating  peace,  then 
expected  to  be  effected  thro'  the  mediation  of  the 
Empress  of  Russia.  The  same  reasons  obliged  me 
still  to  decline;  and  the  negotiation  was  in  fact 
never  entered  on.  But,  in  the  autumn  of  the  next 
year  1782  Congress  receiving  assurances  that  a  gen 
eral  peace  would  be  concluded  in  the  winter  and 
spring,  they  renewed  my  appointment  on  the  i3th. 
of  Nov.  of  that  year.  I  had  two  months  before  that 
lost  the  cherished  companion  of  my  life,  in  whose 
affections,  unabated  on  both  sides  I  had  lived  the 
last  ten  years  in  un chequered  happiness.  With  the 
public  interests,  the  state  of  my  mind  concurred  in 
recommending  the  change  of  scene  proposed;  and 
I  accepted  the  appointment,  and  left  Monticello  on 
the  i gth.  of  Dec.  1782.  for  Philadelphia,  where  I 
arrived  on  the  27th.  The  Minister  of  France,  Lu- 
zerne,  offered  me  a  passage  in  the  Romulus  frigate, 

1  By  the  Secret  Journal  of  Congress  it  was  June 


1784]  Thomas  Jefferson  81 

which  I  accepting.  But  she  was  then  lying  a  few 
miles  below  Baltimore  blocked  up  in  the  ice.  I  re 
mained  therefore  a  month  in  Philadelphia,  looking 
over  the  papers  in  the  office  of  State  in  order  to 
possess  myself  of  the  general  state  of  our  foreign  re 
lations,  and  then  went  to  Baltimore  to  await  the 
liberation  of  the  frigate  from  the  ice.  After  waiting 
there  nearly  a  month,  we  received  information  that 
a  Provisional  treaty  of  peace  had  been  signed  by  our 
Commissioners  on  the  3d.  of  Sep.  1782.  to  become 
absolute  on  the  conclusion  of  peace  between  France 
and  Great  Britain.  Considering  my  proceeding  to 
Europe  as  now  of  no  utility  to  the  public,  I  returned 
immediately  to  Philadelphia  to  take  the  orders  of 
Congress,  and  was  excused  by  them  from  further 
proceeding.  I  therefore  returned  home,  where  I 
arrived  on  the  isth.  of  May,  1783. 

On  the  6th.  of  the  following  month  I  was  appointed 
by  the  legislature  a  delegate  to  Congress,  the  appoint 
ment  to  take  place  on  the  ist.  of  Nov.  ensuing,  when 
that  of  the  existing  delegation  would  expire.  I  ac 
cordingly  left  home  on  the  i6th.  of  Oct.  arrived  at 
Trenton,  where  Congress  was  sitting,  on  the  3d.  of 
Nov.  and  took  my  seat  on  the  4th.,  on  which  day 
Congress  adjourned  to  meet  at  Annapolis  on  the  26th. 

Congress  had  now  become  a  very  small  body,  and 
the  members  very  remiss  4n  their  attendance  on  it's 
duties  insomuch  that  a  majority  of  the  states, 
necessary  by  the  Confederation  to  constitute  a 
house  even  for  minor  business  did  not  assemble  until 
the  1 3th.  of  December. 

They  as  early  as  Jan.   7.   1782.  had  turned  their 


VOL.  I.— 6. 


82  The  Writings  of  [1784 

attention  to  the  monies  current  in  the  several  states, 
and  had  directed  the  Financier,  Robert  Morris,  to 
report  to  them  a  table  of  rates  at  which  the  foreign 
coins,  should  be  received  at  the  treasury.  That 
officer,  or  rather  his  assistant,  Gouverneur  Morris, 
answered  them  on  the  i5th  T  in  an  able  and  elaborate 
statement  of  the  denominations  of  money  current  in 
the  several  states,  and  of  the  comparative  value  of 
the  foreign  coins  chiefly  in  circulation  with  us.  He 
went  into  the  consideration  of  the  necessity  of  es 
tablishing  a  standard  of  value  with  us,  and  of  the 
adoption  of  a  money-Unit.  He  proposed  for  the 
Unit  such  a  fraction  of  pure  silver  as  would  be  a 
common  measure  of  the  penny  of  every  state,  with 
out  leaving  a  fraction.  This  common  divisor  he 
found  to  be  1-1440  of  a  dollar,  or  1-1600  of  the  crown 
sterling.  The  value  of  a  dollar  was  therefore  to  be 
expressed  by  1440  units,  and  of  a  crown  by  1600. 
Each  unit  containing  a  quarter  of  a  grain  of  fine 
silver.  Congress  turning  again  their  attention  to 
this  subject  the  following  year,  the  financier,  by  a 
letter  of  Apr.  30,  1783.  further  explained  and  urged 
the  Unit  he  had  proposed;  but  nothing  more  was 
done  on  it  until  the  ensuing  year,  when  it  was  again 
taken  up,  and  referred  to  a  commee  of  which  I  was 
a  member.  The  general  views  of  the  financier  were 
sound,  and  the  principle  was  ingenious  on  which  he 
proposed  to  found  his  Unit.  But  it  was  too  minute 
for  ordinary  use,  too  laborious  for  computation 
either  by  the  head  or  in  figures.  The  price  of  a  loaf 
of  bread  1-20  of  a  dollar  would  be  72.  units. 

1  Diplomatic  Correspondence,  xii.,  81. 


1784]  Thomas  Jefferson  83 

A  pound  of  butter  1-5  of  a  dollar  288.  units. 

A  horse  or  bullock  of  80.  D  value  would  require  a 
notation  of  6.  figures,  to  wit -115, 200,  and  the  public 
debt,  suppose  of  80.  millions,  would  require  12.  fig 
ures,  to  wit  115,200,000,000  units.  Such  a  system 
of  money-arithmetic  would  be  entirely  unmanage 
able  for  the  common  purposes  of  society.  I  pro 
posed  therefore,  instead  of  this,  to  adopt  the  Dollar 
as  our  Unit  of  account  and  payment,  and  that  it's 
divisions  and  sub-divisions  should  be  in  the  decimal 
ratio.  I  wrote  some  Notes  '  on  the  subject,  which 
I  submitted  to  the  consideration  of  the  financier.  I 
received  his  answer  and  adherence  to  his  general 
system,  only  agreeing  to  take  for  his  Unit  100.  of 
those  he  first  proposed,  so  that  a  Dollar  should  be 
14  40-100  and  a  crown  16.  units.  I  replied  to  this 
and  printed  my  notes  and  reply  on  a  flying  sheet, 
which  I  put  into  the  hands  of  the  members  of  Con 
gress  for  consideration,  and  the  Committee  agreed 
to  report  on  my  principle.  This  was  adopted  the 
ensuing  year  and  is  the  system  which  now  prevails. 
I  insert  here  the  Notes  and  Reply,  as  shewing  the 
different  views  on  which  the  adoption  of  our  money 
system  hung.  The  division  into  dimes,  cents  & 
mills  is  now  so  well  understood,  that  it  would  be 
easy  of  introduction  into  the  kindred  branches  of 
weights  &  measures.  I  use,  when  I  travel,  an 
Odometer  of  Clarke's  invention  which  divides  the 
mile  into  cents,  and  I  find  every  one  comprehend  a 
distance  readily  when  stated  to  them  in  miles  &  cents ; 
so  they  would  in  feet  and  cents,  pounds  &  cents,  &c. 

1  Printed  in  this  edition  under  1784. 


84  The  Writings  of  [1784 

The  remissness  of  Congress,  and  their  permanent 
session,  began  to  be  a  subject  of  uneasiness  and  even 
some  of  the  legislatures  had  recommended  to  them 
intermissions,  and  periodical  sessions.  As  the  Con 
federation  had  made  no  provision  for  a  visible  head 
of  the  government  during  vacations  of  Congress, 
and  such  a  one  was  necessary  to  superintend  the  ex 
ecutive  business,  to  receive  and  communicate  with 
foreign  ministers  &  nations,  and  to  assemble  Con 
gress  on  sudden  and  extraordinary  emergencies,  I 
proposed  early  in  April l  the  appointment  of  a  com- 
mee  to  be  called  the  Committee  of  the  states,  to 
consist  of  a  member  from  each  state,  who  should 
remain  in  session  during  the  recess  of  Congress: 
that  the  functions  of  Congress  should  be  divided  into 
Executive  and  Legislative,  the  latter  to  be  reserved, 
and  the  former,  by  a  general  resolution  to  be  dele 
gated  to  that  Committee.  This  proposition  was 
afterwards  agreed  to;  a  Committee  appointed,  who 
entered  on  duty  on  the  subsequent  adjournment  of 
Congress,  quarrelled  very  soon,  split  into  two  parties, 
abandoned  their  post  and  left  the  government  with 
out  any  visible  head  until  the  next  meeting  in  Con 
gress.  We  have  since  seen  the  same  thing  take 
place  in  the  Directory  of  France ;  and  I  believe  it  will 
forever  take  place  in  any  Executive  consisting  of  a 
plurality.  Our  plan,  best  I  believe,  combines  wis 
dom  and  practicability,  by  providing  a  plurality  of 
Counsellors,  but  a  single  Arbiter  for  ultimate  deci 
sion.  I  was  in  France  when  we  heard  of  this  schism, 

1  April  14,  1784.     Journal  of  Congress,  ix.,  127.     Cf.  post,  under  Jan. 
30,  1784,  Jefferson's  report  on  the  committee  of  the  States. 


1783]  Thomas  Jefferson  85 

and  separation  of  our  Committee,  and,  speaking 
with  Dr.  Franklin  of  this  singular  disposition  of  men 
to  quarrel  and  divide  into  parties,  he  gave  his  senti 
ments  as  usual  by  way  of  Apologue.  He  mentioned 
the  Eddystone  lighthouse  in  the  British  channel  as 
being  built  on  a  rock  in  the  mid-channel,  totally  in 
accessible  in  winter,  from  the  boisterous  character 
of  that  sea,  in  that  season.  That  therefore,  for  the 
two  keepers  employed  to  keep  up  the  lights,  all  pro 
visions  for  the  winter  were  necessarily  carried  to 
them  in  autumn,  as  they  could  never  be  visited  again 
till  the  return  of  the  milder  season.  That  on  the 
first  practicable  day  in  the  spring  a  boat  put  off  to 
them  with  fresh  supplies.  The  boatmen  met  at  the 
door  one  of  the  keepers  and  accosted  him  with  a  How 
goes  it  friend  ?  Very  well.  How  is  your  companion  ? 
I  do  not  know.  Don 't  know  ?  Is  not  he  here  ?  I  can 't 
tell.  Have  not  you  seen  him  to-day?  No.  When  did 
you  see  him?  Not  since  last  fall.  You  have  killed 
him?  Not  I,  indeed.  They  were  about  to  lay  hold 
of  him,  as  having  certainly  murdered  his  companion; 
but  he  desired  them  to  go  up  stairs  &  examine  for 
themselves.  They  went  up,  and  there  found  the 
other  keeper.  They  had  quarrelled  it  seems  soon  after 
being  left  there,  had  divided  into  two  parties,  assigned 
the  cares  below  to  one,  and  those  above  to  the  other, 
and  had  never  spoken  to  or  seen  one  another  since. 
But  to  return  to  our  Congress  at  Annapolis,  the 
definitive  treaty  of  peace  which  had  been  signed  at 
Paris  on  the  3d.  of  Sep.  1783.  and  received  here, 
could  not  be  ratified  without  a  House  of  9.  states.1 

1  Cf.  post,  under  Jan.,  1784. 


86  The  Writings  of  [1783 

On  the  23d.  of  Dec.1  therefore  we  addressed  letters 
to  the  several  governors,  stating  the  receipt  of  the 
definitive  treaty,  that  7  states  only  were  in  attend 
ance,  while  9.  were  necessary  to  its  ratification,  and 
urging  them  to  press  on  their  delegates  the  necessity 
of  their  immediate  attendance.  And  on  the  26th. 
to  save  time  I  moved  that  the  Agent  of  Marine  (Rob 
ert  Morris)  should  be  instructed  to  have  ready  a 
vessel  at  this  place,  at  N.  York,  &  at  some  Eastern 
port,  to  carry  over  the  ratification  of  the  treaty  when 
agreed  to.  It  met  the  general  sense  of  the  house, 
but  was  opposed  by  Dr.  Lee  2  on  the  ground  of  ex 
pense  which  it  would  authorize  the  agent  to  incur  for 
us ;  and  he  said  it  would  be  better  to  ratify  at  once 
&  send  on  the  ratification.  Some  members  had 
before  suggested  that  7  states  were  competent  to  the 
ratification.  My  motion  was  therefore  postponed 
and  another  brought  forward  by  Mr.  Read  3  of  S.  C. 
for  an  immediate  ratification.  This  was  debated 
the  26th.  and  27th.  Reed,  Lee,  [Hugh]  Williamson 
&  Jeremiah  Chace  urged  that  ratification  was  a 
mere  matter  of  form,  that  the  treaty  was  conclusive 
from  the  moment  it  was  signed  by  the  ministers; 
that  although  the  Confederation  requires  the  assent 
of  9.  states  to  enter  into  a  treaty,  yet  that  it's  conclu 
sion  could  not  be  called  entrance  into  it;  that  sup 
posing  9.  states  requisite,  it  would  be  in  the  power 
of  5.  states  to  keep  us  always  at  war;  that  9.  states 
had  virtually  authorized  the  ratifion  having  ratified 

1  On  motion  of  Williamson,  seconded  by  Jefferson. 

2  Arthur  Lee,  Delegate  from  Virginia. 

3  Jacob  Read. 


1783]  Thomas  Jefferson  87 

the  provisional  treaty,  and  instructed  their  ministers 
to  agree  to  a  definitive  one  in  the  same  terms,  and 
the  present  one  was  in  fact  substantially  and  almost 
verbatim  the  same;  that  there  now  remain  but  67. 
days  for  the  ratification,  for  it's  passage  across  the 
Atlantic,  and  it's  exchange;  that  there  was  no  hope 
of  our  soon  having  9.  states  present;  in  fact  that  this 
was  the  ultimate  point  of  time  to  which  we  could 
venture  to  wait;  that  if  the  ratification  was  not  in 
Paris  by  the  time  stipulated,  the  treaty  would  be 
come  void;  that  if  ratified  by  7  states,  it  would  go 
under  our  seal  without  it's  being  known  to  Gr. 
Britain  that  only  7.  had  concurred;  that  it  was  a 
question  of  which  they  had  no  right  to  take  cogni 
zance,  and  we  were  only  answerable  for  it  to  our 
constituents;  that  it  was  like  the  ratification  which 
Gr.  Britain  had  received  from  the  Dutch  by  the 
negotiations  of  Sr.  Wm.  Temple. 

On  the  contrary,  it  was  argued  by  Monroe,  Gerry, 
Howel,  Ellery  &  myself  that  by  the  modern  usage 
of  Europe  the  ratification  was  considered -as  the  act 
which  gave  validity  to  a  treaty,  until  which  it  was 
not  obligatory.1  That  the  commission  to  the  minis 
ters  reserved  the  ratification  to  Congress;  that  the 
treaty  itself  stipulated  that  it  should  be  ratified; 
that  it  became  a  26..  question  who  were  competent 
to  the  ratification?  That  the  Confederation  ex 
pressly  required  9  states  to  enter  into  any  treaty; 
that,  by  this,  that  instrument  must  have  intended 
that  the  assent  of  9.  states  should  be  necessary  as 

1  Vattel,  L.  2,  §  156.  L.  4,  §  77.  i.  Mably  Droit  D'Europe,  86.— 
T.J. 


88  The  Writings  of  [1783 

well  to  the  completion  as  to  the  commencement  of  the 
treaty,  it's  object  having  been 'to  guard  the  rights 
of  the  Union  in  all  those  important  cases  where  9. 
states  are  called  for;  that,  by  the  contrary  con 
struction,  7  states,  containing  less  than  one  third  of 
our  whole  citizens,  might  rivet  on  us  a  treaty,  com 
menced  indeed  under  commission  and  instructions 
from  9.  states,  but  formed  by  the  minister  in  ex 
press  contradiction  to  such  instructions,  and  in 
direct  sacrifice  of  the  interests  of  so  great  a  ma 
jority;  that  the  definitive  treaty  was  admitted  not 
to  be  a  verbal  copy  of  the  provisional  one,  and 
whether  the  departures  from  it  were  of  substance 
or  not,  was  a  question  on  which  9.  states  alone  were 
competent  to  decide;  that  the  circumstances  of  the 
ratification  of  the  provisional  articles  by  9.  states  the 
instructions  to  our  ministers  to  form  a  definitive  one 
by  them,  and  their  actual  agreement  in  substance, 
do  not  render  us  competent  to  ratify  in  the  present 
instance;  if  these  circumstances  are  in  themselves  a 
ratification,  nothing  further  is  requisite  than  to  give 
attested  copies  of  them,  in  exchange  for  the  British 
ratification;  if  they  are  not,  we  remain  where  we 
were,  without  a  ratification  by  9.  states,  and  incom 
petent  ourselves  to  ratify;  that  it  was  but  4.  days 
since  the  seven  states  now7  present  unanimously  con 
curred  in  a  resolution  to  be  forwarded  to  the  govern 
ors  of  the  absent  states,  in  which  they  stated  as  a 
cause  for  urging  on  their  delegates,  that  9.  states 
were  necessary  to  ratify  the  treaty ;  that  in  the  case 
of  the  Dutch  ratification,  Gr.  Britain  had  courted  it, 
and  therefore  was  glad  to  accept  it  as  it  was;  that 


1783]  Thomas  Jefferson  89 

they  knew  our  constitution,  and  would  object  to  a 
ratification  by  7.  that  if  that  circumstance  was  kept 
back,  it  would  be  known  hereafter,  &  would  give 
them  ground  to  deny  the  validity  of  a  ratification 
into  which  they  should  have  been  surprised  and 
cheated,  and  it  would  be  a  dishonorable  prostitution 
of  our  seal;  that  there  is  a  hope  of  9.  states;  that 
if  the  treaty  would  become  null  if  not  ratified  in 
time,  it  would  not  be  saved  by  an  imperfect  ratifica 
tion  ;  but  that  in  fact  it  would  not  be  null,  and  would 
be  placed  on  better  ground,  going  in  unexceptionable 
form,  tho'  a  few  days  too  late,  and  rested  on  the 
small  importance  of  this  circumstance,  and  the  phy 
sical  impossibilities  which  had  prevented  a  punctual 
compliance  in  point  of  time;  that  this  would  be  ap 
proved  by  all  nations,  &  by  Great  Britain  herself,  if 
not  determined  to  renew  the  war,  and  if  determined, 
she  would  never  want  excuses,  were  this  out  of  the 
way.  Mr.  Reade  gave  notice  he  should  call  for  the 
yeas  &  nays;  whereon  those  in  opposition  prepared 
a  resolution  expressing  pointedly  the  reasons  of  the 
dissent  from  his  motion.  It  appearing  however  that 
his  proposition  could  not  be  carried,  it  was  thought 
better  to  make  no  entry  at  all.  Massachusetts 
alone  would  have  been  for  it;  Rhode  Island,  Penn 
sylvania  and  Virginia  against  it,  Delaware,  Mary 
land  &  N.  Carolina,  would  have  been  divided. 

Our  body  was  little  numerous,  but  very  conten 
tious.  Day  after  day  was  wasted  on  the  most  un 
important  questions.  My  colleague  Mercer '  was 
one  of  those  afflicted  with  the  morbid  rage  of  debate, 

1  John  F.  Mercer. 


90  The  Writings  of  [1783 

of  an  ardent  mind,  prompt  imagination,  and  copious 
flow  of  words,  he  heard  with  impatience  any  logic 
which  was  not  his  own.  Sitting  near  me  on  some 
occasion  of  a  trifling  but  wordy  debate,  he  asked  how 
I  could  sit  in  silence  hearing  so  much  false  reasoning 
which  a  word  should  refute  ?  I  observed  to  him  that 
to  refute  indeed  was  easy,  but  to  silence  impossible. 
That  in  measures  brought  forward  by  myself,  I  took 
the  laboring  oar,  as  was  incumbent  on  me;  but  that 
in  general  I  was  willing  to  listen.  If  every  sound 
argument  or  objection  was  used  by  some  one  or  other 
of  the  numerous  debaters,  it  was  enough:  if  not,  I 
thought  it  sufficient  to  suggest  the  omission,  without 
going  into  a  repetition  of  what  had  been  already  said 
by  others.  That  this  was  a  waste  and  abuse  of  the 
time  and  patience  of  the  house  which  could  not  be 
justified.  And  I  believe  that  if  the  members  of  de 
liberative  bodies  were  to  observe  this  course  gener 
ally,  they  would  do  in  a  day  what  takes  them  a  week, 
and  it  is  really  more  questionable,  than  may  at  first 
be  thought,  whether  Bonaparte's  dumb  legislature 
which  said  nothing  and  did  much,  may  not  be  pre 
ferable  to  one  which  talks  much  and  does  nothing.  I 
served  with  General  Washington  in  the  legislature  of 
Virginia  before  the  revolution,  and,  during  it,  with 
Dr.  Franklin  in  Congress.  I  never  heard  either  of 
them  speak  ten  minutes  at  a  time,  nor  to  any  but 
the  main  point  which  was  to  decide  the  question. 
They  laid  their  shoulders  to  the  great  points,  know 
ing  that  the  little  ones  would  follow  of  themselves. 
If  the  present  Congress  errs  in  too  much  talking,  how 
can  it  be  otherwise  in  a  body  to  which  the  people 


1783]  Thomas  Jefferson  91 

send  150.  lawyers,  whose  trade  it  is  to  question  every 
thing,  yield  nothing,  &  talk  by  the  hour?  That  150. 
lawyers  should  do  business  together  ought  not  to  be 
expected.  But  to  return  again  to  our  subject; 

Those  who  thought  7.  states  competent  to  the 
ratification  being  very  restless  under  the  loss  of  their 
motion,  I  proposed,  on  the  3d.  of  January  to  meet 
them  on  middle  ground,  and  therefore  moved  a  reso 
lution  '  which  premising  that  there  were  but  7 .  states 
present,  who  were  unanimous  for  the  ratification, 
but,  that  they  differed  in  opinion  on  the  question 
of  competency.  That  those  however  in  the  negative 
were  unwilling  that  any  powers  which  it  might  be  sup 
posed  they  possessed  should  remain  unexercised  for 
the  restoration  of  peace,  provided  it  could  be  done 
saving  their  good  faith,  and  without  importing  any 
opinion  of  Congress  that  7.  states  were  competent, 
and  resolving  that  treaty  be  ratified  so  far  as  they 
had  power;  that  it  should  be  transmitted  to  our 
ministers  with  instructions  to  keep  it  uncommuni- 
cated;  to  endeavor  to  obtain  3.  months  "longer  for 
exchange  of  ratifications;  that  they  should  be  in 
formed  that  so  soon  as  9.  states  shall  be  present  a 
ratification  by  9.  shall  be  sent  them;  if  this  should 
get  to  them  before  the  ultimate  point  of  time  for  ex 
change,  they  were  to  use  it,  and  not  the  other;  if 
not,  they  were  to  offer  the  act  of  the  7.  states  in  ex 
change,  informing  them  the  treaty  had  come  to 
hand  while  Congress  was  not  in  session,  that  but  7. 
states  were  as  yet  assembled,  and  these  had  unani 
mously  concurred  in  the  ratification.  This  was 

1  Printed  in  this  edition  under  that  date. 


92  The  Writings  of  [1784 

debated  on  the  3d.  and  4th.1  and  on  the  5th.  a  vessel 
being  to  sail  for  England  from  this  port  (Annapolis) 
the  House  directed  the  President  to  write  to  our 
ministers  accordingly. 

Jan.  14.  Delegates  from  Connecticut  having  at 
tended  yesterday,  and  another  from  S.  Carolina 
coming  in  this  day,  the  treaty  was  ratified  without 
a  dissenting  voice,  and  three  instruments  of  ratifica 
tion  were  ordered  to  be  made  out,  one  of  which  was 
sent  by  Colo.  Harmer,  another  by  Colo.  Franks,  and 
the  3d.  transmitted  to  the  agent  of  Marine  to  be 
forwarded  by  any  good  opportunity. 

Congress  soon  took  up  the  consideration  of  their 
foreign  relations.  They  deemed  it  necessary  to  get 
their  commerce  placed  with  every  nation  on  a  foot 
ing  as  favorable  as  that  of  other  nations;  and  for 
this  purpose  to  propose  to  each  a  distinct  treaty  of 
commerce.  This  act  too  would  amount  to  an  ac 
knowledgment  by  each  of  our  independance  and  of 
our  reception  into  the  fraternity  of  nations;  which 
altho',  as  possessing  our  station  of  right  and  in  fact, 
we  would  not  condescend  to  ask,  we  were  not  un 
willing  to  furnish  opportunities  for  receiving  their 
friendly  salutations  &  welcome.  With  France  the 
United  Netherlands  and  Sweden  we  had  already 
treaties  of  commerce,  but  commissions  were  given 
for  those  countries  also,  should  any  amendments  be 
thought  necessary.  The  other  states  to  which 
treaties  were  to  be  proposed  were  England,  Ham 
burg,  Saxony,  Prussia,  Denmark,  Russia,  Austria, 
Venice,  Rome,  Naples,  Tuscany,  Sardinia,  Genoa, 

1  The  4th  of  January,  1784,  was  Sunday,  so  Congress  did  not  sit. 


1784]  Thomas  Jefferson  93 

Spain.  Portugal,  the  Porte,  Algiers,  Tripoli,  Tunis  & 
Morocco.1 

Mar.  16.  On  the  yth.  of  May  Congress  resolved 
that  a  Minister  Plenipotentiary  should  be  appointed 
in  addition  to  Mr.  Adams  &  Dr.  Franklin  for  nego 
tiating  treaties  of  commerce  with  foreign  nations,  and 
I  was  elected  to  that  duty.  I  accordingly  left  An 
napolis  on  the  1 1  tli.  Took  with  me  my  elder 
daughter 2  then  at  Philadelphia  (the  two  others 
being  too  young  for  the  voyage)  &  proceeded  to  Bos 
ton  in  quest  of  a  passage.  While  passing  thro'  the 
different  states,  I  made  a  point  of  informing  myself 
of  the  state  of  the  commerce  of  each,  went  on  to  New 
Hampshire  with  the  same  view  and  returned  to 
Boston.  From  thence  I  sailed  on  the  5th.  of  July 
in  the  Ceres  a  merchant  ship  of  Mr.  Nathaniel 
Tracey,  bound  to  Cowes.  He  was  himself  a  pas 
senger,  and,  after  a  pleasant  voyage  of  19.  days  from 
land  to  land,  we  arrived  at  Cowes  on  the  26th.  I 
was  detained  there  a  few  days  by  the  indisposition 
of  my  daughter.  On  the  3oth.  we  embarked  for 
Havre,  arrived  there  on  the  3ist.  left  it  on  the  3d.  of 
August,  and  arrived  at  Paris  on  the  6th.  I  called 
immediately  on  Doctr.  Franklin  at  Passy,  com 
municated  to  him  our  charge,  and  we  wrote  to  Mr. 
Adams,  then  at  the  Hague  to  join  us  at  Paris. 

Before  I  had  left  America,  that  is  to  say  in  the 
year  1781.  I  had  received  a  letter  from  M.  de  Mar- 
bois,  of  the  French  legation  in  Philadelphia,  inform 
ing  me  he  had  been  instructed  by  his  government  to 

1  See  Jefferson's  report  on  European  treaties,  post,  under  1784. 

2  Martha  Jefferson,  afterwards  Mrs.  Thomas  Mann  Randolph. 


94  The  Writings  of  [1784 

obtain  such  statistical  accounts  of  the  different  states 
of  our  Union,  as  might  be  useful  for  their  informa 
tion  ;  and  addressing  to  me  a  number  of  queries 
relative  to  the  state  of  Virginia.  I  had  always  made 
it  a  practice  whenever  an  opportunity  occurred  of 
obtaining  any  information  of  our  country,  which 
might  be  of  use  to  me  in  any  station  public  or  pri 
vate,  to  commit  it  to  writing.  These  memoranda 
were  on  loose  papers,  bundled  up  without  order,  and 
difficult  of  recurrence  when  I  had  occasion  for  a 
particular  one.  I  thought  this  a  good  occasion  to 
embody  their  substance,  which  I  did  in  the  order  of 
Mr.  Marbois'  queries,  so  as  to  answer  his  wish  and  to 
arrange  them  for  my  own  use.  Some  friends  to 
whom  they  were  occasionally  communicated  wished 
for  copies;  but  their  volume  rendering  this  too 
laborious  by  hand,  I  proposed  to  get  a  few  printed 
for  their  gratification.  I  was  asked  such  a  price 
however  as  exceeded  the  importance  of  the  object. 
On  my  arrival  at  Paris  I  found  it  could  be  done  for 
a  fourth  of  what  I  had  been  asked  here.  I  therefore 
corrected  and  enlarged  them,  and  had  200.  copies 
printed,  under  the  title  of  Notes  on  Virginia.  I 
gave  a  very  few  copies  to  some  particular  persons  in 
Europe,  and  sent  the  rest  to  my  friends  in  America. 
An  European  copy,  by  the  death  of  the  owner,  got 
into  the  hands  of  a  bookseller,  who  engaged  it's 
translation,  &  when  ready  for  the  press,  communi 
cated  his  intentions  &  manuscript  to  me,  without 
any  other  permission  than  that  of  suggesting  correc 
tions.  I  never  had  seen  so  wretched  an  attempt  at 
translation.  Inter  verted,  abridged,  mutilated,  and 


1784]  Thomas  Jefferson  95 

often  reversing  the  sense  of  the  original,  I  found  it  a 
blotch  of  errors  from  beginning  to  end.  I  corrected 
some  of  the  most  material,  and  in  that  form  it  was 
printed  in  French.'  A  London  bookseller,  on  see 
ing  the  translation,  requested  me  to  permit  him  to 
print  the  English  original.'  I  thought  it  best  to  do 
so  to  let  the  world  see  that  it  was  not  really  so  bad 
as  the  French  translation  had  made  it  appear.  And 
this  is  the  true  history  of  that  publication. 

Mr.  Adams  soon  joined  us  at  Paris,  &  our  first  em 
ployment  was  to  prepare  a  general  form  to  be  pro 
posed  to  such  nations  as  were  disposed  to  treat  with 
us.  During  the  negotiations  for  peace  with  the 
British  Commissioner  David  Hartley,  our  Commis 
sioners  had  proposed,  on  the  suggestion  of  Doctr. 
Franklin,  to  insert  an  article  exempting  from  cap 
ture  by  the  public  or  private  armed  ships  of  either 
belligerent,  when  at  war,  all  merchant  vessels  and 
their  cargoes,  employed  merely  in  carrying  on  the 
commerce  between  nations.  It  was  refused  by 
England,  and  unwisely,  in  my  opinion.  For  in  the 
case  of  a  war  with  us,  their  superior  commerce  places 
infinitely  more  at  hazard  on  the  ocean  than  ours; 
and  as  hawks  abound  in  proportion  to  game,  so  our 
privateers  would  swarm  in  proportion  to  the  wealth 
exposed  to  their  prize,  while  theirs  would  be  few  for 
want  of  subjects  of  capture.  We  inserted  this 
article  in  our  form,  with  a  provision  against  the 
molestation  of  fishermen,  husbandmen,  citizens  un 
armed  and  following  their  occupations  in  unfortified 
places,  for  the  humane  treatment  of  prisoners  of  war, 

1  Cf.  post,  note  on  Notes  on  Virginia  under  1782. 


96  The  Writings  of  [1784 

the  abolition  of  contraband  of  war,  which  exposes 
merchant  vessels  to  such  vexatious  &  ruinous  de 
tentions  and  abuses;  and  for  the  principle  of  free 
bottoms,  free  goods. 

In  a  conference  with  the  Count  de  Vergennes,  it 
was  thought  better  to  leave  to  legislative  regulation 
on  both  sides  such  modifications  of  our  commercial 
intercourse  as  would  voluntarily  flow  from  amicable 
dispositions.  Without  urging,  we  sounded  the  min 
isters  of  the  several  European  nations  at  the  court 
of  Versailles,  on  their  dispositions  towards  mutual 
commerce,  and  the  expediency  of  encouraging  it  by 
the  protection  of  a  treaty.  Old  Frederic  of  Prussia 
met  us  cordially  and  without  hesitation,  and  ap 
pointing  the  Baron  de  Thulemeyer,  his  minister  at 
the  Hague,  to  negotiate  with  us,  we  communicated 
to  him  our  Project,  which  with  little  alteration  by 
the  King,  was  soon  concluded.  Denmark  and  Tus 
cany  entered  also  into  negotiations  with  us.  Other 
powers  appearing  indifferent  we  did  not  think  it 
proper  to  press  them.  They  seemed  in  fact  to  know 
little  about  us,  but  as  rebels  who  had  been  successful 
in  throwing  off  the  yoke  of  the  mother  country. 
They  were  ignorant  of  our  commerce,  which  had 
been  always  monopolized  by  England,  and  of  the 
exchange  of  articles  it  might  offer  advantageously  to 
both  parties.  They  were  inclined  therefore  to  stand 
aloof  until  they  could  see  better  what  relations 
might  be  usefully  instituted  with  us.  The  negotia 
tions  therefore  begun  with  Denmark  &  Tuscany  we 
protracted  designedly  until  our  powers  had  expired ; 
and  abstained  from  making  new  propositions  to 


1785!  Thomas  Jefferson  97 

others  having  no  colonies;  because  our  commerce 
being  an  exchange  of  raw  for  wrought  materials,  is 
a  competent  price  for  admission  into  the  colonies  of 
those  possessing  them :  but  were  we  to  give  it,  with 
out  price,  to  others,  all  would  claim  it  without  price 
on  the  ordinary  ground  of  gentis  amicissimae. 

Mr.  Adams  being  appointed  Min.  Pleny.  of  the  U 
S.  to  London,  left  us  in  June,  and  in  July  1785.  Dr. 
Franklin  returned  to  America,  and  I  was  appointed 
his  successor  at  Paris.  In  Feb.  1786.  Mr.  Adams 
wrote  to  me  pressingly  to  join  him  in  London  imme 
diately,  as  he  thought  he  discovered  there  some  symp 
toms  of  better  disposition  towards  us.  Colo.  Smith,1 
his  Secretary  of  legation,  was  the  bearer  of  his 
urgencies  for  my  immediate  attendance.  I  accord 
ingly  left  Paris  on  the  ist.  of  March,  and  on  my  ar 
rival  in  London  we  agreed  on  a  very  summary  form 
of  treaty,  proposing  an  exchange  of  citizenship  for 
our  citizens,  our  ships,  and  our  productions  generally, 
except  as  to  office.  On  my  presentation  as  usual 
to  the  King  and  Queen  at  their  levees,  it  was  impos 
sible  for  anything  to  be  more  ungracious  than  their 
notice  of  Mr.  Adams  &  myself.  I  saw  at  once  that 
the  ulcerations  in  the  narrow  mind  of  that  mulish 
being  left  nothing  to  be  expected  on  the  subject  of 
my  attendance ;  and  on  the  first  conference  with  the 
Marquis  of  Caermarthen,  his  Minister  of  foreign 
affairs,  the  distance  and  disinclination  which  he  be 
trayed  in  his  conversation,  the  vagueness  &  evasions 
of  his  answers  to  us,  confirmed  me  in  the  belief  of 
their  aversion  to  have  anything  to  do  with  us.  We 

1  William  Stephens  Smith. 


VOL,  I.— 7, 


9^  The  Writings  of  [1786 

delivered  him  however  our  Pro  jet,  Mr.  Adams  not 
despairing  as  much  as  I  did  of  it's  effect.  We  after 
wards,  by  one  or  more  notes,  requested  his  appoint 
ment  of  an  interview  and  conference,  which,  without 
directly  declining,  he  evaded  by  pretences  of  other 
pressing  occupations  for  the  moment.  After  staying 
there  seven  weeks,  till  within  a  few  days  of  the  ex 
piration  of  our  commission,  I  informed  the  minister 
by  note  that  my  duties  at  Paris  required  my  return 
to  that  place,  and  that  I  should  with  pleasure  be  the 
bearer  of  any  commands  to  his  Ambassador  there. 
He  answered  that  he  had  none,  and  wishing  me  a 
pleasant  journey,  I  left  London  the  26th.  arrived  at 
Paris  on  the  3oth.  of  April. 

While  in  London  we  entered  into  negotiations 
with  the  Chevalier  Pinto,  Ambassador  of  Portugal 
at  that  place.  The  only  article  of  difficulty  between 
us  was  a  stipulation  that  our  bread  stuff  should  be 
received  in  Portugal  in  the  form  of  flour  as  well  as 
of  grain.  He  approved  of  it  himself,  but  observed 
that  several  Nobles,  of  great  influence  at  their  court, 
were  the  owners  of  wind  mills  in  the  neighborhood 
of  Lisbon  which  depended  much  for  their  profits  on 
manufacturing  our  wheat,  and  that  this  stipulation 
would  endanger  the  whole  treaty.  He  signed  it  how 
ever,  &  it's  fate  was  what  he  had  candidly  portended. 

My  duties  at  Paris  were  confined  to  a  few  objects ; 
the  receipt  of  our  whale-oils,  salted  fish,  and  salted 
meats  on  favorable  terms,  the  admission  of  our  rice 
on  equal  terms  with  that  of  Piedmont,  Egypt  &  the 
Levant,  a  mitigation  of  the  monopolies  of  our  tobacco 
by  the  Farmers-general,  and  a  free  admission  of  our 


1786]  Thomas  Jefferson  99 

productions  into  their  islands;  were  the  principal 
commercial  objects  which  required  attention;  and 
on  these  occasions  I  was  powerfully  aided  by  all  the 
influence  and  the  energies  of  the  Marquis  de  La 
Fayette,  who  proved  himself  equally  zealous  for  the 
friendship  and  welfare  of  both  nations;  and  in  jus 
tice  I  must  also  say  that  I  found  the  government 
entirely  disposed  to  befriend  us  on  all  occasions,  and 
to  yield  us  every  indulgence  not  absolutely  injurious 
to  themselves.  The  Count  de  Vergennes  had  the 
reputation  with  the  diplomatic  corps  of  being  wary 
&  slippery  in  his  diplomatic  intercourse;  and  so  he 
might  be  with  those  whom  he  knew  to  be  slippery 
and  double-faced  themselves.  As  he  saw  that  I  had 
no  indirect  views,  practised  no  subtleties,  meddled 
in  no  intrigues,  pursued  no  concealed  object,  I  found 
him  as  frank,  as  honorable,  as  easy  of  access  to 
reason  as  any  man  with  whom  I  had  ever  done 
business ;  and  I  must  say  the  same  for  his  successor 
Montmorin,  one  of  the  most  honest  and  worthy  of 
human  beings. 

Our  commerce  in  the  Mediterranean  was  placed 
under  early  alarm  by  the  capture  of  two  of  our  ves 
sels  and  crews  by  the  Barbary  cruisers.  I  was  very 
unwilling  that  we  should  acquiesce  in  the  European 
humiliation  of  paying  a  tribute  to  those  lawless 
pirates,  and  endeavored  to  form  an  association  of 
the  powers  subject  to  habitual  depredation  from 
them.  I  accordingly  prepared  and  proposed  to 
their  ministers  at  Paris,  for  consultation  with  their 
governments,  articles  of  a  special  confederation  in 
the  following  form. 


ioo  The  Writings  of  [1786 

"  Proposals  for  concerted  operation  among  the 
powers  at  war  with  the  Piratical  States  of  Barbary. 

"  i.  It  is  proposed  that  the  several  powers  at  war 
with  the  Piratical  States  of  Barbary,  or  any  two  or 
more  of  them  who  shall  be  willing,  shall  enter  into  a 
convention  to  carry  on  their  operations  against  those 
states,  in  concert,  beginning  with  the  Algerines. 

•"  2.  This  convention  shall  remain  open  to  any 
other  power  who  shall  at  any  future  time  wish  to 
accede  to  it;  the  parties  reserving  a  right  to  pre 
scribe  the  conditions  of  such  accession,  according  to 
the  circumstances  existing  at  the  time  it  shall  be 
proposed. 

"3.  The  object  of  the  convention  shall  be  to  com 
pel  the  piratical  states  to  perpetual  peace,  without 
price,  &  to  guarantee  that  peace  to  each  other. 

"4.  The  operations  for  obtaining  this  peace  shall 
be  constant  cruises  on  their  coast  with  a  naval  force 
now  to  be  agreed  on.  It  is  not  proposed  that  this 
force  shall  be  so  considerable  as  to  be  inconvenient 
to  any  party.  It  is  believed  that  half  a  dozen  frig 
ates,  with  as  many  Tenders  or  Xebecs,  one  half  of 
which  shall  be  in  cruise,  while  the  other  half  is  at 
rest,  will  suffice. 

"5.  The  force  agreed  to  be  necessary  shall  be  fur 
nished  by  the  parties  in  certain  quotas  now  to  be 
fixed ;  it  being  expected  that  each  will  be  willing  to 
contribute  in  such  proportion  as  circumstance  may 
render  reasonable. 

"6.  As  miscarriages  often  proceed  from  the  want  of 
harmony  among  officers  of  different  nations,  the 
parties  shall  now  consider  &  decide  whether  it  will 


1786]  Thomas  Jefferson  IP'; 

not  be  better  to .  contribute  their  quotas  in  money 
to  be  employed  in  fitting  out,  and  keeping  on  duty, 
a  single  fleet  of  the  force  agreed  on. 

"7.  The  difficulties  and  delays  too  which  will  at 
tend  the  management  of  these  operations,  if  con 
ducted  by  the  parties  themselves  separately,  distant 
as  their  courts  may  be  from  one  another,  and  in 
capable  of  meeting  in  consultation,  suggest  a  ques 
tion  whether  it  will  not  be  better  for  them  to  give 
full  powers  for  that  purpose  to  their  Ambassadors 
or  other  ministers  resident  at  some  one  court  of 
Europe,  who  shall  form  a  Committee  or  Council 
for  carrying  this  convention  into  effect;  wherein  the 
vote  of  each  member  shall  be  computed  in  propor 
tion  to  the  quota  of  his  sovereign,  and  the  majority 
so  computed  shall  prevail  in  all  questions  within  the 
view  of  this  convention.  The  court  of  Versailles  is 
proposed,  on  account  of  it's  neighborhood  to  the 
Mediterranean,  and  because  all  those  powers  are 
represented  there,  who  are  likely  to  become  parties 
to  this  convention. 

"8.  To  save  to  that  council  the  embarrassment 
of  personal  solicitations  for  office,  and  to  assure  the 
parties  that  their  contributions  will  be  applied  solely 
to  the  object  for  which  they  are  destined,  there  shall 
be  no  establishment  of  officers  for  the  said  Council, 
such  as  Commis,  Secretaries,  or  any  other  kind,  with 
either  salaries  or  perquisites,  nor  any  other  lucrative 
appointments  but  such  whose  functions  are  to  be 
exercised  on  board  the  sd  vessels. 

"9.  Should  war  arise  between  any  two  of  the 
parties  to  this  convention  it  shall  not  extend  to  this 


The  Writings  of  [1786 

enterprise,  nor  interrupt  it;  but  as  to  this  they  shall 
be  reputed  at  peace. 

"  10.  When  Algiers  shall  be  reduced  to  peace,  the 
other  pyratical  states,  if  they  refuse  to  discontinue 
their  pyracies  shall  become  the  objects  of  this  con 
vention,  either  successively  or  together  as  shall  seem 
best. 

"  ii.  Where  this  convention  would  interfere  with 
treaties  actually  existing  between  any  of  the  parties 
and  the  sd  states  of  Barbary,  the  treaty  shall  prevail, 
and  such  party  shall  be  allowed  to  withdraw  from 
the  operations  against  that  state." 

Spain  had  just  concluded  a  treaty  with  Algiers  at 
the  expense  of  3.  millions  of  dollars,  and  did  not 
like  to  relinquish  the  benefit  of  that  until  the  other 
party  should  fail  in  their  observance  of  it.  Portu 
gal,  Naples,  the  two  Sicilies,  Venice,  Malta,  Denmark 
and  Sweden  were  favorably  disposed  to  such  an  as 
sociation;  but  their  representatives  at  Paris  ex 
pressed  apprehensions  that  France  would  interfere, 
and,  either  openly  or  secretly  support  the  Barbary 
powers;  and  they  required  that  I  should  ascertain 
the  dispositions  of  the  Count  de  Vergennes  on  the 
subject.  I  had  before  taken  occasion  to  inform  him 
of  what  we  were  proposing,  and  therefore  did  not 
think  it  proper  to  insinuate  any  doubt  of  the  fair 
conduct  of  his  government ;  but  stating  our  proposi 
tions,  I  mentioned  the  apprehensions  entertained  by 
us  that  England  would  interfere  in  behalf  of  those 
piratical  governments.  "  She  dares  not  do  it,"  said 
he.  I  pressed  it  no  further.  The  other  agents  were 


1786]  Thomas  Jefferson  103 

satisfied  with  this  indication  of  his  sentiments,  and 
nothing  was  now  wanting  to  bring  it  into  direct  and 
formal  consideration,  but  the  assent  of  our  govern 
ment,  and  their  authority  to  make  the  formal  pro 
position.  I  communicated  to  them  the  favorable 
prospect  of  protecting  our  commerce  from  the  Bar- 
bary  depredations,  and  for  such  a  continuance  of 
time  as,  by  an  exclusion  of  them  from  the  sea,  to 
change  their  habits  &  characters  from  a  predatory  to 
an  agricultural  people:  towards  which  however  it 
was  expected  they  would  contribute  a  frigate,  and 
it's  expenses  to  be  in  constant  cruise.  But  they 
were  in  no  condition  to  make  any  such  engagement. 
Their  recommendatory  powers  for  obtaining  contri 
butions  were  so  openly  neglected  by  the  several 
states  that  they  declined  an  engagement  which  they 
were  conscious  they  could  not  fulfill  with  punctuality ; 
and  so  it  fell  through. 

May  17.  In  17 86..  while  at  Paris  I  became  ac 
quainted  with  John  Ledyard  of  Connecticut,  a  man 
of  genius,  of  some  science,  and  of  fearless  courage,  & 
enterprise.  He  had  accompanied  Capt  Cook  in  his 
voyage  to  the  Pacific,  had  distinguished  himself  on 
several  occasions  by  an  unrivalled  intrepidity,  and 
published  an  account  of  that  voyage  with  details  un 
favorable  to  Cook's  deportment  towards  the  savages, 
and  lessening  our  regrets  at  his  fate.  Ledyard  had 
come  to  Paris  in  the  hope  of  forming  a  company  to 
engage  in  the  fur  trade  of  the  Western  coast  of 
America.  He  was  disappointed  in  this,  and  being 
out  of  business,  and  of  a  roaming,  restless  character, 
I  suggested  to  him  the  enterprise  of  exploring  the 


104  The  Writings  of  [1786 

Western  part  of  our  continent,  by  passing  thro  St. 
Petersburg  to  Kamschatka,  and  procuring  a  passage 
thence  in  some  of  the  Russian  vessels  to  Nootka 
Sound,  whence  he  might  make  his  way  across  the 
continent  to  America;  and  I  undertook  to  have  the 
permission  of  the  Empress  of  Russia  solicited.  He 
eagerly  embraced  the  proposition,  and  M.  de  Semou- 
lin,  the  Russian  Ambassador,  and  more  particularly 
Baron  Grimm  the  special  correspondent  of  the  Em 
press,  solicited  her  permission  for  him  to  pass  thro' 
her  dominions  to  the  Western  coast  of  America. 
And  here  I  must  correct  a  material  error  which  I 
have  committed  in  another  place  to  the  prejudice  of 
the  Empress.  In  writing  some  Notes  of  the  life  of 
Capt  Lewis,1  prefixed  to  his  expedition  to  the  Pacific, 
I  stated  that  the  Empress  gave  the  permission  asked, 
&  afterwards  retracted  it.  This  idea,  after  a  lapse 
of  26  years,  had  so  insinuated  itself  into  my  mind, 
that  I  committed  it  to  paper  without  the  least  suspi 
cion  of  error.  Yet  I  find,  on  recurring  to  my  letters 
of  that  date  that  the  Empress  refused  permission  at 
once,  considering  the  enterprise  as  entirely  chimeri 
cal.  But  Ledyard  would  not  relinquish  it,  persuad 
ing  himself  that  by  proceeding  to  St.  Petersburg 
he  could  satisfy  the  Empress  of  it's  practicabil 
ity  and  obtain  her  permission.  He  went  accord 
ingly,  but  she  was  absent  on  a  visit  to  some  distant 
part  of  her  dominions,2  and  he  pursued  his  course 
to  within  200.  miles  of  Kamschatka,  where  he  was 
overtaken  by  an  arrest  from  the  Empress,  brought 
back  to  Poland,  and  there  dismissed.  I  must  there- 

1  In  Lewis  and  Clarke's  Travels.  2  The  Crimea.— T.  J. 


1786]  Thomas  Jefferson  105 

fore  in  justice,  acquit  the  Empress  of  ever  having 
for  a  moment  countenanced,  even  by  the  indulgence 
of  an  innocent  passage  thro'  her  territories  this  in 
teresting  enterprise. 

May  1 8.  The  pecuniary  distresses  of  France  pro 
duced  this  year  a  measure  of  which  there  had  been 
no  example  for  near  two  centuries,  &  the  conse 
quences  of  which,  good  and  evil,  are  not  yet  calcula 
ble.  For  it's  remote  causes  we  must  go  a  little  back. 

Celebrated  writers  of  France  and  England  had 
already  sketched  good  principles  on  the  subject  of 
government.  Yet  the  American  Revolution  seems 
first  to  have  awakened  the  thinking  part  of  the 
French  nation  in  general  from  the  sleep  of  despotism 
in  which  they  were  sunk.  The  officers  too  who  had 
been  to  America,  were  mostly  young  men,  less 
shackled  by  habit  and  prejudice,  and  more  ready  to 
assent  to  the  suggestions  of  common  sense,  and  feel 
ing  of  common  rights.  They  came  back  with  new 
ideas  &  impressions.  The  press,  notwithstanding 
it's  shackles,  began  to  disseminate  them.  .Conversa 
tion  assumed  new  freedoms.  Politics  became  the 
theme  of  all  societies,  male  and  female,  and  a  very 
extensive  &  zealous  party  was  formed  which  ac 
quired  the  appellation  of  the  Patriotic  party,  who, 
sensible  of  the  abusive  government  under  which 
they  lived,  sighed  for  occasions  of  reforming  it. 
This  party  comprehended  all  the  honesty  of  the 
kingdom  sufficiently  at  it's  leisure  to  think,  the  men 
of  letters,  the  easy  Bourgeois,  the  young  nobility 
partly  from  reflection,  partly  from  mode,  for  these 
sentiments  became  matter  of  mode,  and  as  such 


io6  The  Writings  of  [1787 

united  most  of  the  young  women  to  the  party. 
Happily  for  the  nation,  it  happened  at  the  same 
moment  that  the  dissipations  of  the  Queen  and 
court,  the  abuses  of  the  pension-list,  and  dilapida 
tions  in  the  administration  of  every  branch  of  the 
finances,  had  exhausted  the  treasures  and  credit 
of  the  nation,  insomuch  that  it's  most  necessary 
functions  were  paralyzed.  To  reform  these  abuses 
would  have  overset  the  minister;  to  impose  new 
taxes  by  the  authority  of  the  King  was  known  to  be 
impossible  from  the  determined  opposition  of  the 
parliament  to  their  enregistry.  No  resource  re 
mained  then  but  to  appeal  to  the  nation.  He  ad 
vised  therefore  the  call  of  an  assembly  of  the  most 
distinguished  characters  of  the  nation,  in  the  hope 
that  by  promises  of  various  and  valuable  improve 
ments  in  the  organization  and  regimen  of  the  govern 
ment,  they  would  be  induced  to  authorize  new  taxes, 
to  controul  the  opposition  of  the  parliament,  and  to 
raise  the  annual  revenue  to  the  level  of  expenditures. 
An  Assembly  of  Notables  therefore,  about  150.  in 
number  named  by  the  King,  convened  on  the  226.. 
of  Feb.  The  Minister  (Calonne)  stated  to  them 
that  the  annual  excess  of  expenses  beyond  the 
revenue,  when  Louis  XVI.  came  to  the  throne,  was 
37.  millions  of  livres;  that  440.  millns.  had  been 
borrowed  to  reestablish  the  navy ;  that  the  American 
war  had  cost  them  1440.  millns.  (256.  mils,  of  Dollars) 
and  that  the  interest  of  these  sums,  with  other  in 
creased  expenses  had  added  40  millns.  more  to  the 
annual  deficit.  (But  a  subseqt.  and  more  candid 
estimate  made  it  56.  millns.)  He  proffered  them  an 


1787]  Thomas  Jefferson  107 

universal  redress  of  grievances,  laid  open  those  griev 
ances  fully,  pointed  out  sound  remedies,  and  cover 
ing  his  canvas  with  objects  of  this  magnitude,  the 
deficit  dwindled  to  a  little  accessory,  scarcely  at 
tracting  attention.  The  persons  chosen  were  the 
most  able  &  independent  characters  in  the  kingdom, 
and  their  support,  if  it  could  be  obtained,  would  be 
enough  for  him.  They  improved  the  occasion  for 
redressing  their  grievances,  and  agreed  that  the 
public  wants  should  be  relieved;  but  went  into  an 
examination  of  the  causes  of  them.  It  was  sup 
posed  that  Calonne  was  conscious  that  his  accounts 
could  not  bear  examination;  and  it  was  said  and 
believed  that  he  asked  of  the  King  to  send  4.  mem 
bers  to  the  Bastile,  of  whom  the  M.  de  la  Fayette  was 
one,  to  banish  20.  others,  &  2.  of  his  Ministers.  The 
King  found  it  shorter  to  banish  him.  His  successor 
went  on  in  full  concert  with  the  Assembly.  The 
result  was  an  augmentation  of  the  revenue  a  pro 
mise  of  economies  in  it's  expenditure,  of  an  annual 
settlement  of  the  public  accounts  before  a  council, 
which  the  Comptroller,  having  been  heretofore 
obliged  to  settle  only  with  the  King  in  person,  of 
course  never  settled  at  all ;  an  acknowledgment  that 
the  King  could  not  lay  a  new  tax,  a  reformation  of 
the  criminal  laws  abolition  of  torture,  suppression 
of  Corvees,  reformation  of  the  gabelles,  removal  of 
the  interior  custom  houses,  free  commerce  of  grain 
internal  &  external,  and  the  establishment  of  Pro 
vincial  assemblies;  which  altogether  constituted  a 
great  mass  of  improvement  in  the  condition  of  the 
nation.  The  establishment  of  the  Provincial  assem- 


io8  The  Writings  of  [1787 

blies  was  in  itself  a  fundamental  improvement.  They 
would  be  of  the  choice  of  the  people,  one  third  re 
newed  every  year,  in  those  provinces  where  there  are 
no  States,  that  is  to  say  over  about  three  fourths  of 
the  kingdom.  They  would  be  partly  an  Executive 
themselves,  &  partly  an  Executive  council  to  the 
Intendant,  to  whom  the  Executive  power,  in  his 
province  had  been  heretofore  entirely  delegated. 
Chosen  by  the  people,  they  would  soften  the  execu 
tion  of  hard  laws,  &  having  a  right  of  representation 
to  the  King,  they  would  censure  bad  laws,  suggest 
good  ones,  expose  abuses,  and  their  representations, 
when  tinited,  would  command  respect.  To  the  other 
advantages  might  be  added  the  precedent  itself  of 
calling  the  Assemblee  des  Notables,  which  would 
perhaps  grow  into  habit.  The  hope  was  that  the 
improvements  thus  promised  would  be  carried  into 
effect,  that  they  would  be  maintained  during  the 
present  reign,  &  that  that  would  be  long  enough  for 
them  to  take  some  root  in  the  constitution,  so  that 
they  might  come  to  be  considered  as  a  part  of  that, 
and  be  protected  by  time,  and  the  attachment  of  the 
nation. 

The  Count  de  Vergennes  had  died  a  few  days  be 
fore  the  meeting  of  the  Assembly,  &  the  Count  de 
Montmorin  had  been  named  Minister  of  foreign 
affairs  in  his  place.  Villedeuil  succeeded  Calonnes 
as  Comptroller  general,  £  Lomenie  de  Bryenne, 
Archbishop  of  Thoulouse,  afterwards  of  Sens,  & 
ultimately  Cardinal  Lomenie,  was  named  Minister 
principal,  with  whom  the  other  ministers  were  to 
transact  the  business  of  their  departments,  hereto- 


1787]  Thomas  Jefferson  109 

fore  done  with  the  King  in  person,  and  the  Duke  de 
Nivernois,  and  M.  de  Malesherbes  were  called  to  the 
Council.  On  the  nomination  of  the  Minister  princi 
pal  the  Marshals  de  Segur  &  de  Castries  retired  from 
the  departments  of  War  &  Marine,  unwilling  to  act 
subo'rdinately,  or  to  share  the  blame  of  proceedings 
taken  out  of  their  direction.  They  were  succeeded 
by  the  Count  de  Brienne,  brother  of  the  Prime 
minister,  and  the  Marquis  de  la  Luzerne,  brother  to 
him  who  had  been  Minister  in  the  United  States. 

May  24.  A  dislocated  wrist,  unsuccessfully  set, 
occasioned  advice  from  my  Surgeon  to  try  the  min 
eral  waters  of  Aix  in  Provence  as  a  corroborant.  I. 
left  Paris  for  that  place  therefore  on  the  28th.  of 
Feb.  and  proceeded  up  the  Seine,  thro'  Champagne 
&  Burgundy,  and  down  the  Rhone  thro'  the  Beau- 
jolais  by  Lyons,  Avignon,  Nismes  to  Aix,  where 
finding  on  trial  no  benefit  from  the  waters,  I  con 
cluded  to  visit  the  rice  country  of  Piedmont,  to  see 
if  anything  might  be  learned  there  to  benefit  the 
rivalship  of  our  Carolina  rice  with  that,  and  thence 
to  make  a  tour  of  the  seaport  towns  of  France,  along 
it's  Southern  and  Western  Coast,  to  inform  myself 
if  anything  could  be  done  to  favor  our  commerce 
with  them.1  From  Aix  therefore  I  took  my  route  by 
Marseilles,  Toulon,  Hieres,  Nice,  across  the  Col  de 
Tende,  by  Coni,  Turin,  Vercelli,  Novara,  Milan, 
Pavia,  Novi,  Genoa.  Thence  returning  along  the 
coast  by  Savona,  Noli,  Albenga,  Oneglia,  Monaco, 
Nice,  Antibes,  Frejus,  Aix,  Marseilles,  Avignon, 

1  In  Washington's  edition  of  Jefferson's  Writings  (ix.,  313)  a  journal 
of  this  tour  is  printed. 


no  The  Writings  of  [1787 

Nismes,  Montpellier,  Frontignan,  Cette,  Agde,  and 
along  the  canal  of  Languedoc,  by  Bezieres,  Narbonne, 
Cascassonne,  Castelnaudari,  thro'  the  Souterrain  of 
St.  Feriol  and  back  by  Castelnaudari,  to  Toulouse, 
thence  to  Montauban  &  down  the  Garonne  by  Lan- 
gon  to  Bordeaux.  Thence  to  Rochefort,  la  Rochelle, 
Nantes,  L'Orient,  then  back  by  Rennes  to  Nantes, 
and  up  the  Loire  by  Angers,  Tours,  Amboise,  Blois  to 
New  Orleans,  thence  direct  to  Paris  where  I  arrived 
on  the  zoth.  of  June.  Soon  after  my  return  from 
this  journey  to  wit,  about  the  latter  part  of  July,  I 
received  my  younger  daughter  Maria  from  Virginia 
by  the  way  of  London,  the  youngest  having  died 
some  time  before. 

The  treasonable  perfidy  of  the  Prince  of  Orange, 
Stadtholder  &  Captain  General  of  the  United  Neth 
erlands,  in  the  war  which  England  waged  against 
them  for  entering  into  a  treaty  of  commerce  with 
the  U.  S.  is  known  to  all.  As  their  Executive  officer, 
charged  with  the  conduct  of  the  war,  he  contrived 
to  baffle  all  the  measures  of  the  States  General,  to 
dislocate  all  their  military  plans,  &  played  false  into 
the  hands  of  England  and  against  his  own  country 
on  every  possible  occasion,  confident  in  her  protec 
tion,  and  in  that  of  the  King  of  Prussia,  brother  to 
his  Princess.  The  States  General  indignant  at  this 
patricidal  conduct  applied  to  France  for  aid,  accord 
ing  to  the  stipulations  of  the  treaty  concluded  with 
her  in  85.  It  was  assured  to  them  readily,  and  in 
cordial  terms,  in  a  letter  from  the  Ct.  de  Vergennes 
to  the  Marquis  de  Verac,  Ambassador  of  France  at 
the  Hague,  of  which  the  following  is  an  extract. 


1787]  Thomas  Jefferson  1 1 1 

"  Extrait  de  la  depeche  de  Monsr.  le  Comte  de  Ver- 
gennes  a  Monsr.  le  Marquis  de  Verac,  Ambassadeur 
de  France  a  la  Haye,  du  ler  Mars  1786. 

"  Le  Roi  concourrera,  autant  qu'il  sera  en  son  pou- 
voir,  au  succes  de  la  chose,  et  vous  inviterez  de  sa 
part  les  patriotes  de  lui  communiquer  leurs  vues,  leurs 
plans,  et  letirs  envieux.  Vous  les  assurerez  que  le 
roi  prend  un  interet  veritable  k  leurs  personnes 
comme  k  leur  cause,  et  qu'  ils  peuvent  compter  sur 
sa  protection.  Ils  doivent  y  compter  d'  autant  plus, 
Monsieur,  que  nous  ne  dissimulons  pas  que  si  Monsr. 
le  Stadhoulder  reprend  son  ancienne  influence,  le 
systeme  Anglois  ne  tardera  pas  de  prevaloir,  et  que 
notre  alliance  deviendroit  un  etre  de  raison.  Les 
Patriotes  sentiront  facilement  que  cette  position 
seroit  incompatible  avec  la  dignite,  comme  avec  la 
consideration  de  sa  majeste.  Mais  dans  le  cas,  Mon 
sieur,  ou  les  chefs  des  Patriotes  auroient  a  craindre 
une  scission,  ils  auroient  le  temps  suffisant  pour 
ramener  ceux  de  leurs  amis  que  les  Anglomanes  ont 
egares,  et  preparer  les  choses  de  maniere  que  la  ques 
tion  de  nouveau  mise  en  deliberation  soit  decide 
selon  leurs  desirs.  Dans  cette  hypo  these,  le  roi  vous 
autorise  k  agir  de  concert  avec  eux,  de  suivre  la  di 
rection  qu'  ils  jugeront  devoir  vous  donner,  et  d'  em 
ployer  tous  les  moyens  pour  augmenter  le  nombre 
des  partisans  de  la  bonne  cause.  II  me  reste,  Mon 
sieur,  il  me  reste,  Monsieur,  de  vous  parler  de  la 
surete"  person elle  des  patriotes.  Vous  les  assurerez 
que  dans  tout  etat  de  cause,  le  roi  les  prend  sous  sa 
protection  immediate,  et  vous  ferez  connoitre  par- 
tout  ou  vous  le  jugerez  necessaire,  que  sa  Majeste 


ii2  The  Writings  of  [1787 

regarderoit  comme  une  offense  personnelle  tout  ce 
qu'  on  entreprenderoit  centre  leur  liberte.  II  est  a 
presumer  que  ce  langage,  tenu  avec  energie,  en 
imposera  a  1'audace  des  Anglomanes  et  que  Monsr. 
le  Prince  de  Nassau  croira  courir  quelque  risque  en 
provoquant  le  ressentiment  de  sa  MajesteV' 

This  letter  was  communicated  by  the  Patriots 
to  me  when  at  Amsterdam  in  1788.  and  a  copy 
sent  by  me  to  Mr.  Jay  in  my  letter  to  him  of  Mar. 
16.  1788. 

The  object  of  the  Patriots  was  to  establish  a  re 
presentative  and  republican  government.  The  ma 
jority  of  the  States  general  were  with  them,  but  the 
majority  of  the  populace  of  the  towns  was  with  the 
Prince  of  Orange ;  and  that  populace  was  played  off 
with  great  effect  by  the  triumvirate  of  *  *  * 
Harris l  the  English  Ambassador  afterwards  Ld. 
Malmesbury,  the  Prince  of  Orange  a  stupid  man.  and 
the  Princess  as  much  a  man  as  either  of  her  colleagues 
in  audaciousness,  in  enterprise,  &  in  the  thirst  of 
domination.  By  these  the  mobs  of  the  Hague  were 
excited  against  the  members  of  the  States  general, 
their  persons  were  insulted  &  endangered  in  the 
streets,  the  sanctuary  of  their  houses  was  violated, 
and  the  Prince  whose  function  &  duty  it  was  to  re 
press  and  punish  these  violations  of  order,  took  no 
steps  for  that  purpose.  The  States  General,  for 
their  own  protection  were  therefore  obliged  to  place 
their  militia  under  the  command  of  a  Committee. 
The  Prince  filled  the  courts  of  London  and  Berlin 

1  Sir  James  Harris. 


1787]  Thomas  Jefferson  113 

with  complaints  at  this  usurpation  of  his  preroga 
tives,  and  forgetting  that  he  was  but  the  first  servant 
of  a  republic,  marched  his  regular  troops  against  the 
city  of  Utrecht,  where  the  States  were  in  session. 
They  were  repulsed  by  the  militia.  His  interests 
now  became  marshalled  with  those  of  the  public 
enemy  &  against  his  own  country.  The  States 
therefore,  exercising  their  rights  of  sovereignty,  de 
prived  him  of  all  his  powers.  The  great  Frederic 
had  died  in  August  86.1  He  had  never  intended  to 
break  with  France  in  support  of  the  Prince  of  Orange. 
During  the  illness  of  which  he  died,  he  had  thro'  the 
Duke  of  Brunswick,  declared  to  the  Marquis  de  la 
Fayette,  who  was  then  at  Berlin,  that  he  meant  not 
to  support  the  English  interest  in  Holland:  that  he 
might  assure  the  go'vernment  of  France  his  only  wish 
was  that  some  honorable  place  in  the  Constitution 
should  be  reserved  for  the  Stadtholder  and  his  child 
ren,  and  that  he  would  take  no  part  in  the  quarrel 
unless  an  entire  abolition  of  the  Stadtholderate 
should  be  attempted.  But  his  place  was  now  occu 
pied  by  Frederic  William,  his  great  nephew,  a  man 
of  little  understanding,  much  caprice,  &  very  in 
considerate;  and  the  Princess  his  sister,  altho'  her 
husband  was  in  arms  against  the  legitimate  au 
thorities  of  the  country,  attempting  to  go  to  Am 
sterdam  for  the  purpose  of  exciting  the  mobs  of  that 
place  and  being  refused  permission  to  pass  a  military 
post  on  the  way,  he  put  the  Duke  of  Brunswick  at 
the  head  of  20,000  men,  and  made  demonstrations  of 
marching  on  Holland.  The  King  of  France  hereupon 

7  Ire  to  Jay  Aug.  6.  87. — T.  J. 


VOL.  I.— 8. 


ii4  The  Writings  of  [1787 

declared,  by  his  Charge  des  Affaires  in  Holland  that 
if  the  Prussian  troops  continued  to  menace  Holland 
with  an  invasion,  his  Majesty,  in  quality  of  Ally, 
was  determined  to  succor  that  province.1  In  an 
swer  to  this  Eden  gave  official  information  to  Count 
Montmorin,  that  England  must  consider  as  at  an 
end,  it's  convention  with  France  relative  to  giving 
notice  of  it's  naval  armaments  and  that  she  was 
arming  generally.2  War  being  now  imminent,  Eden 
questioned  me  on  the  effect  of  our  .treaty  with 
France  in  the  case  of  a  war,  &  what  might  be  our 
dispositions.  I  told  him  frankly  and  without  hesita 
tion  that  our  dispositions  would  be  neutral,  and  that 
I  thought  it  would  be  the  interest  of  both  these 
powers  that  we  should  be  so;  because  it  would  re 
lieve  both  from  all  anxiety  as  to  feeding  their  W. 
India  islands.  That  England  too,  by  suffering  us 
to  remain  so,  would  avoid  a  heavy  land- war  on  our 
continent,  which  might  very  much  cripple  her  pro 
ceedings  elsewhere;  that  our  treaty  indeed  obliged 
us  to  receive  into  our  ports  the  armed  vessels  of 
France,  with  their  prizes,  and  to  refuse  admission  to 
the  prizes  made  on  her  by  her  enemies:  that  there 
was  a  clause  also  by  which  we  guaranteed  to  France 
her  American  possessions,  which  might  perhaps  force 
us  into  the  war,  if  these  were  attacked.  "Then  it 
will  be  war,  said  he,  for  they  will  assuredly  be  at 
tacked."  3  Liston,  at  Madrid,  about  the  same  time, 
made  the  same  inquiries  of  Carmichael.  The  gov 
ernment  of  France  then  declared  a  determination  to 

1  My  Ire  Sep.  22.  87.— T.  J.         2  My  Ire  to  J.  Jay  Sep.  24.— T.  J, 
3  Ire  to  Carm.  Dec.  15.— T.  J. 


1787]  Thomas  Jefferson  115 

form  a  camp  of  observation  at  Givet,  commenced 
arming  her  marine,  and  named  the  Bailli  de  Suffrein 
their  Generalissimo  on  the  Ocean.  She  secretly  en 
gaged  also  in  negotiations  with  Russia,  Austria,  & 
Spain  to  form  a  quadruple  alliance.  The  Duke  of 
Brunswick  having  advanced  to  the  confines  of  Hol 
land,  sent  some  of  his  officers  to  Givet  to  reconnoitre 
the  state  of  things  there,  and  report  them  to  him. 
He  said  afterwards  that  "if  there  had  been  only  a 
few  tents  at  that  place,  he  should  not  have  advanced 
further,  for  that  the  King  would  not  merely  for  the  in 
terest  of  his  sister,  engage  in  a  war  with  France. ' '  But 
finding  that  there  was  not  a  single  company  there,  he 
boldly  entered  the  country  took  their  towns  as  fast 
as  he  presented  himself  before  them,  and  advanced 
on  Utrecht.  The  States  had  appointed  the  Rhin- 
grave  of  Salm  their  Commander-in-chief,  a  Prince 
without  talents,  without  courage,  and  without  prin 
ciple.  He  might  have  held  out  in  Utrecht  for  a  con 
siderable  time,  but  he  surrendered  the  place  without 
firing  a  gun,  literally  ran  away  &  hid  himself  so  that 
for  months  it  was  not  known  what  had  become  of 
him.  Amsterdam  was  then  attacked  and  capitu 
lated.  In  the  meantime  the  negotiations  for  the 
quadruple  alliance  were  proceeding  favorably.  But 
the  secrecy  with  which  they  were  attempted  to  be 
conducted,  was  penetrated  by  Fraser,  Charge  des 
affaires  of  England  at  St.  Petersburg,  who  instantly 
notified  his  court,  and  gave  the  alarm  to  Prussia. 
The  King  saw  at  once  what  would  be  his  situation 
between  the  jaws  of  France,  Austria,  and  Russia. 
In  great  dismay  he  besought  the  court  of  London 


1 16  The  Writings  of  [1787 

not  to  abandon  him,  sent  Alvensleben  to  Paris  to 
explain  and  soothe,  and  England  thro'  the  D.  of 
Dorset  and  Eden,  renewed  her  conferences  for  ac 
commodation.  The  Archbishop,  who  shuddered  at 
the  idea  of  war,  and  preferred  a  peaceful  surrender 
of  right  to  an  armed  vindication  of  it,  received  them 
with  open  arms,  entered  into  cordial  conferences, 
and  a  declaration,  and  counter  declaration  were 
cooked  up  at  Versailles  and  sent  to  London  for  ap 
probation.  They  were  approved  there,  reached 
Paris  at  i  o'clock  of  the  27th.  and  were  signed  that 
night  at  Versailles.  It  was  said  and  believed  at  Paris 
that  M.  de  Montmorin,  literally  "  pleuroit  comme 
tin  enfant,"  when  obliged  to  sign  this  counter  de 
claration;  so  distressed  was  he  by  the  dishonor  of 
sacrificing  the  Patriots  after  assurances  so  solemn 
of  protection,  and  absolute  encouragement  to  pro 
ceed.1  The  Prince  of  Orange  was  reinstated  in  all 
his  powers,  now  become  regal.  A  great  emigration 
of  the  Patriots  took  place,  all  were  deprived  of  office, 
many  exiled,  and  their  property  confiscated.  They 
were  received  in  France,  and  subsisted  for  some 
time  on  her  bounty.  Thus  fell  Holland,  by  the 
treachery  of  her  chief,  from  her  honorable  inde 
pendence  to  become  a  province  of  England,  and  so 
also  her  Stadtholder  from  the  high  station  of  the 
first  citizen  of  a  free  republic,  to  be  the  servile 
Viceroy  of  a  foreign  sovereign.  And  this-  was  ef 
fected  by  a  mere  scene  of  bullying  &  demonstration, 
not  one  of  the  parties,  France  England  or  Prussia 
having  ever  really  meant  to  encounter  actual  war 

1  My  Ire  to  Jay  Nov.  3.  Ire  to  J.  Adams,  Nov.  13. — T.  ]. 


1787]  Thomas  Jefferson  117 

for  the  interest  of  the  Prince  of  Orange.     But  it  had 
all  the  effect  of  a  real  and  decisive  war. 

Our  first  essay  in  America  to  establish  a  federative 
government  had  fallen,  on  trial,  very  short  of  it's 
object.  During  the  war  of  Independance,  while  the 
pressure  of  an  external  enemy  hooped  us  together, 
and  their  enterprises  kept  us  necessarily  on  the  alert, 
the  spirit  of  the  people,  excited  by  danger,  was  a 
supplement  to  the  Confederation,  and  urged  them 
to  zealous  exertions,  whether  claimed  by  that  instru 
ment,  or  not.  But  when  peace  and  safety  were  re 
stored,  and  every  man  became  engaged  in  useful 
and  profitable  occupation,  less  attention  was  paid  to 
the  calls  of  Congress.  The  fundamental  defect  of 
the  Confederation  was  that  Congress  was  not  author 
ized  to  act  immediately  on  the  people,  &  by  it's  own 
officers.  Their  power  was  only  requisitory,  and 
these  requisitions  were  addressed  to  the  several 
legislatures,  to  be  by  them  carried  into  execution, 
without  other  coercion  than  the  moral  principle  of 
duty.  This  allowed  in  fact  a  negative  to  every 
legislature,  on  every  measure  proposed  by  Congress; 
a  negative  so  frequently  exercised  in  practice  as  to 
benumb  the  action  of  the  federal  government,  and 
to  render  it  inefficient  in  it's  general  objects,  &  more 
especially  in  pecuniary  and  foreign  Concerns.  The 
want  too  of  a  separation  of  the  legislative,  executive, 
&  judiciary  functions  worked  disadvantageously  in 
practice.  Yet  this  state  of  things  afforded  a  happy 
augury  of  the  future  march  of  our  confederacy,  when 
it  was  seen  that  the  good  sense  and  good  disposi 
tions  of  the  people,  as  soon  as  they  perceived  the 


n8  The  Writings  of  [1787 

incompetence  of  their  first  compact,  instead  of  leav 
ing  it's  correction  to  insurrection  and  civil  war,  agreed 
with  one  voice  to  elect  deputies  to  a  general  conven 
tion,  who  should  peaceably  meet  and  agree  on  such  a 
constitution  as  "would  ensure  peace,  justice,  liberty, 
the  common  defence  &  general  welfare." 

This  Convention  met  at  Philadelphia  on  the  25th. 
of  May  '87.  It  sate  with  closed  doors,  and  kept  all 
it's  proceedings  secret,  until  it's  dissolution  on  the 
1 7th.  of  September,  when  the  results  of  their  labors 
were  published  all  together.  I  received  a  copy  early 
in  November,  and  read  and  contemplated  it's  pro 
visions  with  great  satisfaction.  As  not  a  member 
of  the  Convention  however,  nor  probably  a  single 
citizen  of  the  Union,  had  approved  it  in  all  it's 
parts,  so  I  too  found  articles  which  I  thought  ob 
jectionable.  The  absence  of  express  declarations 
ensuring  freedom  of  religion,  freedom  of  the  press, 
freedom  of  the  person  under  the  uninterrupted 
protection  of  the  Habeas  corpus,  &  trial  by  jury 
in  civil  as  well  as  in  criminal  cases  excited  my 
jealousy;  and  the  re-eligibility  of  the  President 
for  life,  I  quite  disapproved.  I  expressed  freely  in 
letters  to  my  friends,  and  most  particularly  to  Mr. 
Madison  &  General  Washington,  my  approbations 
and  objections.  How  the  good  should  be  secured, 
and  the  ill  brought  to  rights  was  the  difficulty.  To 
refer  it  back  to  a  new  Convention  might  endanger  the 
loss  of  the  whole.  My  first  idea  was  that  the  9. 
states  first  acting  should  accept  it  unconditionally, 
and  thus  secure  what  in  it  was  good,  and  that  the  4. 
last  should  accept  on  the  previous  condition  that 


1787]  Thomas  Jefferson  1 19 

certain  amendments  should  be  agreed  to,  but  a  bet 
ter  course  was  devised  of  accepting  the  whole  and 
trusting  that  the  good  sense  &  honest  intention 
of  our  citizens  would  make  the  alterations  which 
should  be  deemed  necessary.  Accordingly  all  ac 
cepted,  6.  without  objection,  and  7.  with  recom 
mendations  of  specified  amendments.  Those  re 
specting  the  press,  religion,  &  juries,  with  several 
others,  of  great  value,  were  accordingly  made:  but 
the  Habeas  corpus  was  left  to  the  discretion  of  Con 
gress,  and  the  amendment  against  the  reeligibility 
of  the  President  was  not  proposed  by  that  body. 
My  fears  of  that  feature  were  founded  on  the  im 
portance  of  the  office,  on  the  fierce  contentions  it 
might  excite  among  ourselves,  if  continuable  for 
life,  and  the  dangers  of  interference  either  with 
money  or  arms,  by  foreign  nations,  to  whom  the 
choice  of  an  American  President  might  become  in 
teresting.  Examples  of  this  abounded  in  history ;  in 
the  case  of  the  Roman  emperors  for  instance,  of  the 
Popes  while  of  any  significance,  of  the  German  em 
perors,  the  Kings  of  Poland,  &  the  Deys  of  Barbary. 
I  had  observed  too  in  the  feudal  History,  and  in  the 
recent  instance  particularly  of  the  Stadtholder  of 
Holland,  how  easily  offices  or  tenures  for  life  slide 
into  inheritances.  My  wish  therefore  was  that  the 
President  should  be  elected  for  7.  years  &  be  ineli 
gible  afterwards.  This  term  I  thought  sufficient  to 
enable  him,  with  the  concurrence  of  the  legislature, 
to  carry  thro'  &  establish  any  system  of  improve 
ment  he  should  propose  for  the  general  good.  But 
the  practice  adopted  I  think  is  better  allowing  his 


120  The  Writings  of  [1787 

continuance  for  8 .  years  with  a  liability  to  be  dropped 
at  half  way  of  the  term,  making  that  a  period  of 
probation.  That  his  continuance  should  be  re 
strained  to  7 .  years  was  the  opinion  of  the  Convention 
at  an  early  stage  of  it's  session,  when  it  voted  that 
term  by  a  majority  of  8.  against  2.  and  by  a  simple 
majority,  that  he  should  be  ineligible  a  second  time. 
This  opinion  &c.  was  confirmed  by  the  house  so  late 
as  July  26,  referred  to  the  committee  of  detail,  re- 
reported  favorably  by  them,  and  changed  to  the 
present  form  by  final  vote  on  the  last  day  but  one 
only  of  their  session.1  Of  this  change  three  states 
expressed  their  disapprobation,  N.  York  by  recom 
mending  an  amendment  that  the  President  should 
not  be  eligible  a  third  time,  and  Virginia  and  N. 
Carolina  that  he  should  not  be  capable  of  serving 
more  than  8.  in  any  term  of  16.  years.  And  altho' 
this  amendment  has  not  been  made  in  form,  yet 
practice  seems  to  have  established  it.  The  example 
of  4  Presidents  voluntarily  retiring  at  the  end  of  their 
8th  year,  &  the  progress  of  public  opinion  that  the 
principle  is  salutary,  have  given  it  in  practice  the 
force  of  precedent  &  usage ;  insomuch  that  should  a 
President  consent  to  be  a  candidate  for  a  3d.  election, 
I  trust  he  would  be  rejected  on  this  demonstration 
of  ambitious  views. 

But  there  was  another  amendment  of  which  none 
of  us  thought  at  the  time  and  in  'the  omission  of 
which  lurks  the  germ  that  is  to  destroy  this  happy 

1  This  is  an  evident  error.  On  September  4th,  the  committee  of 
eleven  reported  a  clause  making  the  term  four  years,  which  was  adopted 
by  the  convention  on  the  6th,  and  not  altered  thereafter. 


1787]  Thomas  Jefferson  121 

combination  of  National  powers  in  the  General  gov 
ernment  for  matters  of  National  concern,  and  inde 
pendent  powers  in  the  states  for  what  concerns  the 
states  severally.  In  England  it  was  a  great  point 
gained  at  the  Revolution,  that  the  commissions  of 
the  judges,  which  had  hitherto  been  during  pleasure, 
should  thenceforth  be  made  during  good  behavior. 
A  Judiciary  dependent  on  the  will  of  the  King  had 
proved  itself  the  most  oppressive  of  all  tools  in  the 
hands  of  that  Magistrate.  Nothing  then  could  be 
more  salutary  than  a  change  there  to  the  tenure  of 
good  behavior;  and  the  question  of  good  behavior 
left  to  the  vote  of  a  simple  majority  in  the  two  houses 
of  parliament.  Before  the  revolution  we  were  all 
good  English  Whigs,  cordial  in  their  free  principles, 
and  in  their  jealousies  of  their  executive  Magistrate. 
These  jealousies  are  very  apparent  in  all  our  state 
constitutions;  and,  in  the  general  government  in 
this  instance,  we  have  gone  even  beyond  the  English 
caution,  by  requiring  a  vote  of  two  thirds  in  one  of 
the  Houses  for  removing  a  judge;  a  vote  so  impos 
sible  where  '  any  defence  is  made,  before  men  of 
ordinary  prejudices  &  passions,  that  our  judges  are 
effectually  independent  of  the  nation.  But  this 
ought  not  to  be.  I  would  not  indeed  make  them 
dependant  on  the  Executive  authority,  as  they 
formerly  were  in  England;  but  I  deem  it  indis 
pensable  to  the  continuance  of  this  government 
that  they  should  be  submitted  to  some  practical  & 

1  In  the  impeachment  of  judge  Pickering  of  New  Hampshire,  a 
habitual  &  maniac  drunkard,  no  defence  was  made.  Had  there  been, 
the  party  vote  of  more  than  one  third  of  the  Senate  would  have  ac 
quitted  him. — T.  J. 


122  The  Writings  of  [1787 

impartial  controul:  and  that  this,  to  be  imparted, 
must  be  compounded  of  a  mixture  of  state  and  federal 
authorities.  It  is  not  enough  that  honest  men  are 
appointed  judges.  All  know  the  influence  of  inter 
est  on  the  mind  of  man,  and  how  unconsciously  his 
judgment  is  warped  by  that  influence.  To  this  bias 
add  that  of  the  esprit  de  corps,  of  their  peculiar 
maxim  and  creed  that  "it  is  the  office  of  a  good 
judge  to  enlarge  his  jurisdiction,"  and  the  absence  of 
responsibility,  and  how  can  we  expect  impartial  de 
cision  between  the  General  government,  of  which 
they  are  themselves  so  eminent  a  part,  and  an  indi 
vidual  state  from  which  they  have  nothing  to  hope 
or  fear.  We  have  seen  too  that,  contrary  to  all  cor 
rect  example,  they  are  in  the  habit  of  going  out  of 
the  question  before  them,  to  throw  an  anchor  ahead 
and  grapple  further  hold  for  future  advances  of 
power.  They  are  then  in  fact  the  corps  of  sappers 
&  miners,  steadily  working  to  undermine  the  inde- 
pendant  rights  of  the  States,  £  to  consolidate  all 
power  in  the  hands  of  that  government  in  which  they 
have  so  important  a  freehold  estate.  But  it  is  not 
by  the  consolidation,  or  concentration  of  powers, 
but  by  their  distribution,  that  good  government  is 
effected.  Were  not  this  great  country  already  di 
vided  into  states,  that  division  must  be  made,  that 
each  might  do  for  itself  what  concerns  itself  directly, 
and  what  it  can  so  much  better  do  than  a  distant 
authority.  Every  state  again  is  divided  into  coun 
ties,  each  to  take  care  of  what  lies  within  it's  local 
bounds;  each  county  again  into  townships  or  wards, 
to  manage  minuter  details;  and  every  ward  into 


1787]  Thomas  Jefferson  123 

farms,  to  be  governed  each  by  it's  individual  pro 
prietor.  Were  we  directed  from  Washington  when 
to  sow,  &  when  to  reap,  we  should  soon  want  bread. 
It  is  by  this  partition  of  cares,  descending  in  grada 
tion  from  general  to  particular,  that  the  mass  of 
human  affairs  may  be  best  managed  for  the  good 
and  prosperity  of  all.  I  repeat  that  I  do  not  charge 
the  judges  with  wilful  and  ill-intentioned  error;  but 
honest  error  must  be  arrested  where  it's  toleration 
leads  to  public  ruin.  As,  for  the  safety  of  society, 
we  commit  honest  maniacs  to  Bedlam,  so  judges 
should  be  withdrawn  from  their  bench,  whose  erro 
neous  biases  are  leading  us  to  dissolution.  It  may  in 
deed  injure  them  in  fame  or  in  fortune ;  but  it  saves 
the  republic,  which  is  the  first  and  supreme  law. 

Among  the  debilities  of  the  government  of  the 
Confederation,  no  one  was  more  distinguished  or 
more  distressing  than  the  utter  impossibility  of  ob 
taining,  from  the  states,  the  monies  necessary  for 
the  payment  of  debts,  or  even  for  the  ordinary  ex 
penses  of  the  government.  Some  contributed  a 
little,  some  less,  &  some  nothing,  and  the  last  fur 
nished  at  length  an  excuse  for  the  first  to  do  nothing 
also.  Mr.  Adams,  while  residing  at  the  Hague,  had 
a  general  authority  to  borrow  what  sums  might  be 
requisite  for  ordinary  &  necessary  expenses.  In 
terest  on  the  public  debt,  and  the  maintenance  of 
the  diplomatic  establishment  in  Europe,  had  been 
habitually  provided  in  this  way.  He  was  now 
elected  Vice  President  of  the  U  S.  was  soon  to  return 
to  America,1  and  had  referred  our  bankers  to  me  for 

1  Adams  returned  to  America  before  his  election  as  Vice  President. 


J24  The  Writings  of  [1787 

future  councel  on  our  affairs  in  their  hands.  But  I 
had  no  powers,  no  instructions,  no  means,  and  no 
familiarity  with  the  subject.  It  had  always  been 
exclusively  under  his  management,  except  as  to 
occasional  and  partial  deposits  in  the  hands  of  Mr. 
Grand,  banker  in  Paris,  for  special  and  local  pur 
poses.  These  last  had  been  exhausted  for  some 
time,  and  I  had  fervently  pressed  the  Treasury  board 
to  replenish  this  particular  deposit;  as  Mr.  Grand 
now  refused  to  make  further  advances.  They  an 
swered  candidly  that  no  funds  could  be  obtained 
until  the  new  government  should  get  into  action,  and 
have  time  to  make  it's  arrangements.  Mr.  Adams 
had  received  his  appointment  to  the  court  of  London 
while  engaged  at  Paris,  with  Dr.  Franklin  and  my 
self,  in  the  negotiations  under  our  joint  commissions. 
He  had  repaired  thence  to  London,  without  return 
ing  to  the  Hague  to  take  leave  of  that  government. 
He  thought  it  necessary  however  to  do  so  now,  be 
fore'  he  should  leave  Europe,  and  accordingly  went 
there.  I  learned  his  departure  from  London  by  a 
letter  from  Mrs.  Adams  received  on  the  very  day  on 
which  he  would  arrive  at  the  Hague.  A  consultation 
with  him,  &  some  provision  for  the  future  was  in 
dispensable,  while  we  could  yet  avail  ourselves  of  his 
powers.  For  when  they  would  be  gone,  we  should 
be  without  resource.  I  was  daily  dunned  by  a  com 
pany  who  had  formerly  made  a  small  loan  to  the  U 
S.  the  principal  of  which  was  now  become  due;  and 
our  bankers  in  Amsterdam  had  notified  me  that  the 
interest  on  our  general  debt  would  be  expected  in 
June;  that  if  we  failed  to  pay  it,  it  would  be  deemed 


1787]  Thomas  Jefferson  125 

an  act  of  bankruptcy  and  would  effectually  destroy 
the  credit  of  the  U  S.  and  all  future  prospect  of  ob 
taining  money  there;  that  the  loan  they  had  been 
authorized  to  open,  of  which  a  third  only  was  filled, 
had  now  ceased  to  get  forward,  and  rendered  des 
perate  that  hope  of  resource.  I  saw  that  there  was 
not  a  moment  to  lose,  and  set  out  for  the  Hague  on 
the  2d.  morning  after  receiving  the  information  of 
Mr.  Adams's  journey.  I  went  the  direct  road  by 
Louvres,  Senlis,  Roye,  Pont  St.  Maxence,  Bois  le 
due,  Gouniay,  Peronne,  Cambray,  Bouchain,  Valen 
ciennes,  Mons,  Bruxelles,  Malines,  Antwerp,  Mor- 
dick,  and  Rotterdam,  to  the  Hague,  where  I  happily 
found  Mr.  Adams.  He  concurred  with  me  at  once 
in  opinion  that  something  must  be  done,  and  that  we 
ought  to  risk  ourselves  on  doing  it  without  instruc 
tions,  to  save  the  credit  of  the  U  S.  We  foresaw 
that  before  the  new  government  could  be  adopted, 
assembled,  establish  it's  financial  system,  get  the 
money  into  the  treasury,  and  place  it  in  Europe, 
considerable  time  would  elapse;  that  therefore  we 
had  better  provide  at  once  for  the  years  88.  89.  &  go. 
in  order  to  place  our  government  at  it's  ease,  and 
our  credit  in  security,  during  that  trying  interval. 
We  set  out  therefore  by  the  way  of  Leyden  for  Am 
sterdam,  where  we  arrived  on  the  loth.  I  had  pre 
pared  an  estimate  showing  that 

Florins. 

there  would  be  necessary  for  the  year  88 — 531,937-10 

89 — 538,540 
90 — 473,540 


Total,          1,544,017-10 


The  Writings  of  [1787 


Flor. 
to  meet  this  the  bankers  had  in  hand    79,268-2-8 

&  the  unsold  bonds  would  yield        542,800  622,068-2-8 


leaving  a  deficit  of       ......      921,949-7-4 

we  proposed  then  to  borrow  a  million  yielding    .     920,000 


which  would  leave  a  small  deficiency  of    .          1,949-7-4 

Mr.  Adams  accordingly  executed  1000.  bonds,  for 
1000.  florins  each,  and  deposited  them  in  the  hands 
of  our  bankers,  with  instructions  however  not  to 
issue  them  until  Congress  should  ratify  the  measure. 
This  done,  he  returned  to  London,  and  I  set  out  for 
P^ris;  and  as  nothing  urgent  forbade  it,  I  deter 
mined  to  return  along  the  banks  of  the  Rhine  to 
Strasburg,  and  thence  strike  off  to  Paris.  I  ac 
cordingly  left  Amsterdam  on  the  3oth  of  March, 
and  proceeded  by  Utrecht,  Nimeguen,  Cleves,  Duys- 
berg,  Dusseldorf,  Cologne,  Bonne,  Coblentz,  Nassau, 
Hocheim,  Frankfort,  &  made  an  excursion  to  Hanau, 
thence  to  Mayence  and  another  excursion  to  Rudes- 
heim,  &  Johansberg;  then  by  Oppenheim,  Worms, 
and  Manheim,  and  an  excursion  to  Heidelberg,  then 
by  Spire,  Carlsruh,  Rastadt  £  Kelh,  to  Strasburg, 
where  I  arrived  Apr.  i6th,  and  proceeded  again  on 
the  1 8th,  by  Phalsbourg,  Fenestrange,  vDieuze, 
Moyenvie,  Nancy,  Toul,  Ligny,  Barleduc,  St.  Diziers, 
Vitry,  Chalons  sur  Marne,  Epernay,  Chateau  Thierri, 
Meaux,  to  Paris  where  I  arrived  on  the  23d.  of  April ' ; 
and  I  had  the  satisfaction  to  reflect  that  by  this 
journey  our  credit  was  secured,  the  new  government 
was  placed  at  ease  for  two  years  to  come,  and  that 

1  A  journal  of  this  tour,  kept  by  Jefferson,  is  printed  in  Washington's 
edition  of  his  writings,  ix.,  373. 


1787]  Thomas  Jefferson  127 

as  well  as  myself  were  relieved  from  the  torment  of 
incessant  duns,  whose  just  complaints  could  not  be 
silenced  by  any  means  within  our  power. 

A  Consular  Convention  had  been  agreed  on  in  84. 
between  Dr.  Franklin  and  the  French  government 
containing  several  articles  so  entirely  inconsistent 
'with  the  laws  of  the  several  states,  and  the  general 
spirit  of  our  citizens,  that  Congress  withheld  their 
ratification,  and  sent  it  back  to  me  with  instructions 
to  get  those  articles  expunged  or  modified  so  as  to 
render  them  compatible  with  our  laws.  The  min 
ister  retired  unwillingly  from  these  concessions,  which 
indeed  authorized  the  exercise  of  powers  very  offen 
sive  in  a  free  state.  After  much  discussion  it  was 
reformed  in  a  considerable  degree,  and  the  Conven 
tion-  was  signed  by  the  Count  Montmorin  and  my 
self,  on  the  1 4th.  of  Nov.  88  not  indeed  such  as  I 
would  have  wished;  but  such  as  could  be  obtained 
with  good  humor  &  friendship.1 

On  my  return  from  Holland,  I  had  found  Paris 
still  in  high  fermentation  as  I  had  left  it.  Had  the 
Archbishop,  on  the  close  of  the  assembly  of  Notables, 
immediately  carried  into  operation  the  measures 
contemplated,  it  was  believed  they  would  all  have 
been  registered  by  the  parliament,  but  he  was  slow, 
presented  his  edicts,  one  after  another,  &  at  con 
siderable  intervals  of  time,  which  gave  time  for  the 
feelings  excited  by  the  proceedings  of  the  Notables 
to  cool  off,  new  claims  to  be  advanced,  and  a  pressure 

1  Among  the  Jefferson  MSS.  in  the  Department  of  State  are  printed 
copies  of  both  the  consular  conventions  negotiated  by  Franklin  and 
Jefferson,  and  the  original  draft  of  the  latter,  in  Jefferson's  hand 
writing. 


128  The  Writings  of  [1787 

to  arise  for  a  fixed  constitution,  not  subject  to 
changes  at  the  will  of  the  King.  Nor  should  we 
wonder  at  this  pressure  when  we  consider  the  mon 
strous  abuses  of  power  under  which  this  people  were 
ground  to  powder,  when  we  pass  in  review  the  weight 
of  their  taxes,  and  inequality  of  their  distribution; 
the  oppressions  of  the  tythes,  of  the  tallies,  the 
corve"es,  the  gabelles,  the  farms  &  barriers;  the 
shackles  on  Commerce  by  monopolies;  on  Industry 
by  gilds  &  corporations ;  on  the  freedom  of  conscience, 
of  thought,  and  of  speech;  on  the  Press  by  the 
Censure;  and  of  person  by  lettres  de  Cachet,  the 
cruelty  of  the  criminal  code  generally,  the  atrocities 
of  the  Rack,  the  venality  of  judges,  and  their  par 
tialities  to  the  rich ;  the  Monopoly  of  Military  honors 
by  the  Noblesse;  the  enormous  expenses  of  the 
Queen,  the  princes  &  the  Court;  the  prodigalities 
of  pensions;  &  the  riches,  luxury,  indolence  &  im 
morality  of  the  clergy.  Surely  under  such  a  mass 
of  misrule  and  oppression,  a  people  might  justly 
press  for  a  thoro'  reformation,  and  might  even  dis 
mount  their  rough-shod  riders,  &  leave  them  to 
walk  on  their  own  legs.  The  edicts  relative  to  the 
corvees  &  free  circulation  of  grain,  were  first  pre 
sented  to  the  parliament  and  registered.  But  those 
for  the  impot  territorial,  &  stamp  tax,  offered  some 
time  after,  were  refused  by  the  parliament,  which 
proposed  a  call  of  the  States  General  as  alone  com 
petent  to  their  authorization.  Their  refusal  produced 
a  Bed  of  justice,  and  their  exile  to  Troyes.  The 
advocates  however  refusing  to  attend  them,  a  sus 
pension  in  the  administration  of  justice  took  place. 


1787]  Thomas  Jefferson  129 

The  Parliament  held  out  for  awhile,  but  the  ennui  of 
their  exile  and  absence  from  Paris  begun  at  length  to 
be  felt,  and  some  dispositions  for  compromise  to  ap 
pear.  On  their  consent  therefore  to  prolong  some 
of  the  former  taxes,  they  were  recalled  from  exile, 
the  King  met  them  in  session  Nov.  19.  87.  promised 
to  call  the  States  General  in  the  year  92.  and  a  ma 
jority  expressed  their  assent  to  register  an  edict  for 
successive  and  annual  loans  from  1788.  to  92.  But 
a  protest  being  entered  by  the  Duke  of  Orleans  and 
this  encouraging  others  in  a  -disposition  to  retract, 
the  King  ordered  peremptorily  the  registry  of  the 
edict,  and  left  the  assembly  abruptly.  The  parlia 
ment  immediately  protested  that  the  votes  for  the 
enregistry  had  not  been  legally  taken,  and  that  they 
gave  no  sanction  to  the  loans  proposed.  This  was 
enough  to  discredit  and  defeat  them.  Hereupon 
issued  another  edict  for  the  establishment  of  a  cour 
pleniere,  and  the  suspension  of  all  the  parliaments 
in  the  kingdom.  This  being  opposed  as  might  be 
expected  by  reclamations  from  all  the  parliaments 
&  provinces,  the  King  gave  way  and  by  an  edict  of 
July  5.  88  renounced  his  cour  pleniere,  &  promised 
the  States  General  for  the  ist.  of  May  of  the  ensuing 
year:  and  the  Archbishop  finding  the  times  beyond 
his  faculties,  accepted  the  promise  of  a  Cardinal's 
hat,  was  removed  [Sep.  88]  from  the  ministry,  and 
Mr.  Necker  was  called  to  the  department  of  finance. 
The  innocent  rejoicings  of  the  people  of  Paris  on  this 
change  provoked  the  interference  of  an  officer  of  the 
city  guards,  whose  order  for  their  dispersion  not 
being  obeyed,  he  charged  them  with  fixed  bayonets, 


VOL.  I.— 9. 


130  The  Writings  of  [1788 

killed  two  or  three,  and  wounded  many.  This  dis 
persed  them  for  the  moment ;  but  they  collected  the 
next  day  in  great  numbers,  burnt  10.  or  12..  guard 
houses,  killed  two  or  three  of  the  guards,  &  lost  6.  or 
8.  more  of  their  own  number.  The  city  was  here 
upon  put  under  martial  law,  and  after  awhile  the 
tumult  subsided.  The  effect  of  this  change  of  min 
isters,  and  the  promise  of  the  States  General  at  an 
early  day,  tranquillized  the  nation.  But  two  great 
questions  now  occurred,  i.  What  proportion  shall 
the  number  of  deputies  of  the  tiers  etat  bear  to  those 
of  the  Nobles  and  Clergy?  And  2.  shall  they  sit  in 
the  same,  or  in  distinct  apartments?  Mr.  Necker, 
desirous  of  avoiding  himself  these  knotty  questions, 
proposed  a  second  call  of  the  same  Notables,  and 
that  their  advice  should  be  asked  on  the  subject. 
They  met  Nov.  9.  88.  and,  by  five  bureaux  against 
one,  they  recommended  the  forms  of  the  States  Gen 
eral  of  1614.  wherein  the  houses  were  separate,  and 
voted  by  orders,  not  by  persons.  But  the  whole 
nation  declaring  at  once  against  this,  and  that  the 
tiers  etat  should  be,  in  numbers,  equal  to  both 
the  other  orders,  and  the  Parliament  deciding  for  the 
same  proportion,  it  was  determined  so  to  be,  by  a 
declaration  of  Dec.  27.  88.  A  Report  of  Mr.  Necker 
to  the  King,  of  about  the  same  date,  contained  other 
very  important  concessions,  i.  That  the  King 
could  neither  lay  a  new  tax,  nor  prolong  an  old  one. 
2.  It  expressed  a  readiness  to  agree  on  the  periodical 
meeting  of  the  States.  3.  To  consult  on  the  neces 
sary  restriction  on  lettres  de  Cachet.  And  4.  how 
far  the  Press  might  be  made  free.  5.  It  admits  that 


1788]  Thomas  Jefferson  131 

the  States  are  to  appropriate  the  public  money ;  and 
6.  that  Ministers  shall  be  responsible  for  public  ex 
penditures.  And  these  concessions  came  from  the 
very  heart  of  the  King.  He  had  not  a  wish  but  for 
the  good  of  the  nation,  and  for  that  object  no  per 
sonal  sacrifice  would  ever  have  cost  him  a  moment's 
regret.  But  his  mind  was  weakness  itself,  his  con 
stitution  timid,  his  judgment  null,  and  without 
sufficient  firmness  even  to  stand  by  the  faith  of  his 
word.  His  Queen  too,  haughty  and  bearing  no 
contradiction,  had  an  absolute  ascendency  over  him; 
and  around  her  were  rallied  the  King's  brother  d'Ar- 
tois,  the  court  generally,  and  the  aristocratic  part  of 
his  ministers,  particularly  Breteuil,  Broglio,  Vau- 
guyon,  Foulon,  Luzerne,  men  whose  principles  of 
government  were  those  of  the  age  of  Louis  XIV. 
Against  this  host  the  good  counsels  of  Necker,  Mont- 
morin,  St.  Priest,  altho'  in  unison  with  the  wishes  of 
the  King  himself,  were  of  little  avail.  The  resolu 
tions  of  the  morning  formed  under  their  advice, 
would  be  reversed  in  the  evening  by  the  influence  of 
the  Queen  &  court.  But  the  hand  of  heaven  weighed 
heavily  indeed  on  the  machinations  of  this  junto; 
producing  collateral  incidents,  not  arising  out  of  the 
case,  yet  powerfully  co-exciting  the  nation  to  force 
a  regeneration  of  it's  government,  and  overwhelming 
with  accumulated  difficulties  this  liberticide  resist 
ance.  For,  while  laboring  under  the  want  of  money 
for  even  ordinary  purposes,  in  a  government  which 
required  a  million  of  livres  a  day,  and  driven  to  the 
last  ditch  by  the  universal  call  for  liberty,  there 
came  on  a  winter  of  such  severe  cold,  as  was  without 


i32  The  Writings  of  [1788 

example  in  the  memory  of  man,  or  in  the  written 
records  of  history.  The  Mercury  was  at  times  50° 
below  the  freezing  point  of  Fahrenheit  and  22°  below 
that  of  Reaumur.  All  out-door  labor  was  suspended, 
and  the  poor,  without  the  wages  of  labor,  were  of 
course  without  either  bread  or  fuel.  The  govern 
ment  found  it's  necessities  aggravated  by  that  of 
procuring  immense  quantities  of  fire- wood,  and  of 
keeping  great  fires  at  all  the  cross-streets,  around 
which  the  people  gathered  in  crowds  to  avoid  perish 
ing  with  cold.  Bread  too  was  to  be  bought,  and 
distributed  daily  gratis,  until  a  relaxation  of  the 
season  should  enable  the  people  to  work:  and  the 
slender  stock  of  bread-stuff  had  for  some  time  threat 
ened  famine,  and  had  raised  that  article  to  an  enor 
mous  price.  So  great  indeed  was  the  scarcity  of 
bread  that  from  the  highest  to  the  lowest  citizen, 
the  bakers  were  permitted  to  deal  but  a  scanty 
allowance  per  head,  even  to  those  who  paid  for  it; 
and  in  cards  of  invitation  to  dine  in  the  richest 
houses,  the  guest  was  notified  to  bring  his  own  bread. 
To  eke  out  the  existence  of  the  people,  every  person 
who  had  the  means,  was  called  on  for  a  weekly  sub 
scription,  which  the  Cures  collected  and  employed 
in  providing  messes  for  the  nourishment  of  the  poor, 
and  vied  with  each  other  in  devising  such  economical 
compositions  of  food  as  would  subsist  the  greatest 
number  with  the  smallest  means.  This  want  of 
bread  had  been  foreseen  for  some  time  past  and  M. 
de  Montmorin  had  desired  me  to  notify  it  in  America, 
and  that,  in  addition  to  the  market  price,  a  premium 
should  be  given  on  what  should  be  brought  from 


1788]  Thomas  Jefferson  133 

the  U  S.  Notice  was  accordingly  given  and  pro 
duced  considerable  supplies.  Subsequent  information 
made  the  importations  from  America,  during  the 
months  of  March,  April  &  May,  into  the  Atlantic 
ports  of  France,  amount  to  about  21,000  barrels  of 
flour,  besides  what  went  to  other  ports,  and  in  other 
months,  while  our  supplies  to  their  West-Indian 
islands  relieved  them  also  from  that  drain.  This 
distress  for  bread  continued  till  July. 

Hitherto  no  acts  of  popular  violence  had  been  pro 
duced  by  the  struggle  for  political  reformation. 
Little  riots,  on  ordinary  incidents,  had  taken  place, 
as  at  other  times,  in  different  parts  of  the  kingdom, 
in  which  some  lives,  perhaps  a  dozen  or  twenty,  had 
been  lost,  but  in  the  month  of  April  a  more  serious 
one  occurred  in  Paris,  unconnected  indeed  with  the 
revolutionary  principle,  but  making  part  of  the  his 
tory  of  the  day.  The  Fauxbourg  St.  Antoine  is  a 
quarter  of  the  city  inhabited  entirely  by  the  class  of 
day-laborers  and  journeymen  in  every  line.  A  ru 
mor  was  spread  among  them  that  a  great  paper 
manufacturer,  of  the  name  of  Reveillon,  had  pro 
posed,  on  some  occasion,  that  their  wages  should  be 
lowered  to  15  sous  a  day.  Inflamed  at  once  into 
rage,  &  without  inquiring  into  it's  truth,  they  flew 
to  his  house  in  vast  numbers,  destroyed  everything 
in  it,  and  in  his  magazines  &  work  shops,  without 
secreting  however  a  pin's  worth  to  themselves,  and . 
were  continuing  this  work  of  devastation  when  the 
regular  troops  were  called  in.  Admonitions  being 
disregarded,  they  were  of  necessity  fired  on,  and  a 
regular  action  ensued,  in  which  about  100.  of  them 


i34  The  Writings  of  [1789 

were  killed,  before  the  rest  would  disperse.  There 
had  rarely  passed  a  year  without  such  a  riot  in  some 
part  or  other  of  the  Kingdom;  and  this  is  distin 
guished  only  as  cotemporary  with  the  revolution, 
altho'  not  produced  by  it. 

The  States  General  were  opened  on  the  5th.  of 
May  89.  by  speeches  from  the  King,  the  Garde  des 
Sceaux  Lamoignon,  and  Mr.  Necker.  The  last  was 
thought  to  trip  too  lightly  over  the  constitutional 
reformations  which  were  expected.  His  notices  of 
them  in  this  speech  were  not  as  full  as  in  his  previous 
*  Rapport  au  Roi.'  This  was  observed  to  his  disad 
vantage.  But  much  allowance  should  have  been 
made  for  the  situation  in  which  he  was  placed  be 
tween  his  own  counsels,  and  those  of  the  ministers 
and  party  of  the  court.  Overruled  in  his  own  opin 
ions,  compelled  to  deliver,  and  to  gloss  over  those  of 
his  opponents,  and  even  to  keep  their  secrets,  he 
could  not  come  forward  in  his  own  attitude. 

The  composition  of  the  assembly,  altho'  equivalent 
on  the  whole  to  what  had  been  expected,  was  some 
thing  different  in  it's  elements.  It  had  been  sup 
posed  that  a  superior  education  would  carry  into  the 
scale  of  the  Commons  a  respectable  portion  of  the 
Noblesse.  It  did  so  as  to  those  of  Paris,  of  it's 
vicinity  and  of  the  other  considerable  cities,  whose 
greater  intercourse  with  enlightened  society  had 
liberalized  their  minds,  and  prepared  them  to  ad 
vance  up  to  the  measure  of  the  times.  But  the 
Noblesse  of  the  country,  which  constituted  two 
thirds  of  that  body,  were  far  in  their  rear.  Residing 
constantly  on  their  patrimonial  feuds,  and  familiar- 


1789]  Thomas  Jefferson  135 

ized  by  daily  habit  with  Seigneurial  powers  and 
practices,  they  had  not  yet  learned  to  suspect  their 
inconsistence  with  reason  and  right.  They  were 
willing  to  submit  to  equality  of  taxation,  but  not  to 
descend  from  their  rank  and  prerogatives  to  be  in 
corporated  in  session  with  the  tiers  etat.  Among 
the  clergy,  on  the  other  hand,  it  had  been  appre 
hended  that  the  higher  orders  of  the  hierarchy,  by 
their  wealth  and  connections,  would  have  carried  the 
elections  generally.  But  it  proved  that  in  most 
cases  the  lower  clergy  had  obtained  the  popular 
majorities.  These  consisted  of  the  Cures,  sons  of 
the  peasantry  who  had  been  employed  to  do  all  the 
drudgery  of  parochial  services  for  10.  20.  or  30  Louis 
a  year;  while  their  superiors  were  consuming  their 
princely  revenues  in  palaces  of  luxury  &  indolence. 

The  objects  for  which  this  body  was  convened 
being  of  the  first  order  of  importance,  I  felt  it  very 
interesting  to  understand  the  views  of  the  parties  of 
which  it  was  composed,  and  especially  the  ideas 
prevalent  as  to  the  organization  contemplated  for 
their  government.  I  went  therefore  daily  from 
Paris  to  Versailles,  and  attended  their  debates,  gen 
erally  till  the  hour  of  adjournment.  Those  of  the 
Noblesse  were  impassioned  and  tempestuous.  They 
had  some  able  men  on  both  sides,  and  actuated  by 
equal  zeal.  The  debates  of  the  Commons  were  tem 
perate,  rational  and  inflexibly  firm.  As  preliminary 
to  all  other  business,  the  awful  questions  came  on, 
Shall  the  States  sit  in  one,  or  in  distinct  apartments  ? 
And  shall  they  vote  by  heads  or  houses?  The  op 
position  was  soon  found  to  consist  of  the  Episcopal 


136  The  Writings  of  [1789 

order  among  the  clergy,  and  two  thirds  of  the  No 
blesse;  while  the  tiers  etat  were,  to  a  man,  united 
and  determined.  After  various  propositions  of  com 
promise  had  failed,  the  Commons  undertook  to  cut 
the  Gordian  knot.  The  Abbe  Sieyes,  the  most 
logical  head  of  the  nation  (author  of  the  pamphlet 
Qu'est  ce  que  le  tiers  etat  ?  which  had  electrified  that 
country,  as  Paine 's  Common  sense  did  us)  after  an 
impressive  speech  on  the  icth  of  June,  moved  that 
a  last  invitation  should  be  sent  to  the  Nobles  and 
Clergy,  to  attend  in  the  Hall  of  the  States,  collect 
ively  or  individually  for  the  verification  of  powers, 
to  which  the  commons  would  proceed  immediately, 
either  in  their  presence  or  absence.  This  verifica 
tion  being  finished,  a  motion  was  made,  on  the  i5th. 
that  they  should  constitute  themselves  a  National 
assembly;  which  was  decided  on  the  lyth.  by  a 
majority  of  four  fifths.  During  the  debates  on  this 
question,  about  twenty  of  the  Cures  had  joined  them, 
and  a  proposition  was  made  in  the  chamber  of  the 
clergy  that  their  whole  body  should  join  them. 
This  was  rejected  at  first  by  a  small  majority  only; 
but,  being  afterwards  somewhat  modified,  it  was 
decided  affirmatively,  by  a  majority  of  eleven. 
While  this  .was  under  debate  and  unknown  to  the 
court,  to  wit,  on  the  igth.  a  council  was  held  in  the 
afternoon  at  Marly,  wherein  it  was  proposed  that 
the  King  should  interpose  by  a  declaration  of  his 
sentiments,  in  a  seance  royale.  A  form  of  declaration 
was  proposed  by  Necker,  which,  while  it  censured  in 
general  the  proceedings  both  of  the  Nobles  and  Com 
mons,  announced  the  King's  views,  such  as  substan- 


Thomas  Jefferson  137 

tially  to  coincide  with  the  Commons.  It  was  agreed 
to  in  council,  the  seance  was  fixed  for  the  22d.  the 
meetings  of  the  States  were  till  then  to  be  suspended, 
and  everything,  in  the  meantime,  kept  secret.  The 
members  the  next  morning  (2oth.)  repairing  to  their 
house  as  usual,  found  the  doors  shut  and  guarded,  a 
proclamation  posted  up  for  a  seance  royale  on  the 
22d.  and  a  suspension  of  their  meetings  in  the  mean 
time.  Concluding  that  their  dissolution  was  now  to 
take  place,  they  repaired  to  a  building  called  the 
"  Jeu  de  paume"  (or  Tennis  court)  and  there  bound 
themselves  by  oath  to  each  other,  never  to  separate 
of  their  own  accord,  till  they  had  settled  a  constitu 
tion  for  the  nation,  on  a  solid  basis,  and  if  separated 
by  force,  that  they  would  reassemble  in  some  other 
place.  The  next  day  they  met  in  the  church  of  St. 
Louis,  and  were  joined  by  a  majority  of  the  clergy. 
The  heads  of  the  Aristocracy  saw  that  all  was  lost 
without  some  bold  exertion.  The  King  was  still  at 
Marly.  Nobody  was  permitted  to  approach  him 
but  their  friends.  He  was  assailed  by  falsehoods  in 
all  shapes.  He  was  made  to  believe  that  the  Com 
mons  were  about  to  absolve  the  army  from  their 
oath  of  fidelity  to  him,  and  to  raise  their  pay.  The 
court  party  were  now  all  rage  and  desperate.  They 
procured  a  committee  to  be  held  consisting  of  the 
King  and  his  ministers,  to  which  Monsieur  &  the 
Count  d'  Artois  should  be  admitted.  At  this  com 
mittee  the  latter  attacked  Mr.  Necker  personally, 
arraigned  his  declaration,  and  proposed  one  which 
some  of  his  prompters  had  put  into  his  hands.  Mr. 
Necker  was  brow-beaten  and  intimidated,  and  the 


138  The  Writings  of  [1789 

King  shaken.  He  determined  that  the  two  plans 
should  be  deliberated  on  the  next  day  and  the 
seance  royale  put  off  a  day  longer.  This  encouraged 
a  fiercer  attack  on  Mr.  Necker  the  next  day.  His 
draught  of  a  declaration  was  entirely  broken  up,  & 
that  of  the  Count  d'Artois  inserted  into  it.  Himself 
and  Montmorin  offered  their  resignation,  which  was 
refused,  the  Count  d'Artois  saying  to  Mr.  Necker 
"  No  sir,  you  must  be  kept  as  the  hostage;  we  hold 
you  responsible  for  all  the  ill  which  shall  happen." 
This  change  of  plan  was  immediately  whispered 
without  doors.  The  Noblesse  were  in  triumph;  the 
people  in  consternation.  I  was  quite  alarmed  at 
this  state  of  things.  The  soldiery  had  not  yet  in 
dicated  which  side  they  should  take,  and  that  which 
they  should  support  would  be  sure  to  prevail.  I 
considered  a  successful  reformation  of  government 
in  France,  as  ensuring  a  general  reformation  thro 
Europe,  and  the  resurrection,  to  a  new  life,  of  their 
people,  now  ground  to  dust  by  the  abuses  of  the 
governing  powers.  -I  was  much  acquainted  with 
the  leading  patriots  of  the  assembly.  Being  from  a 
country/which  had  successfully  passed  thro'  a  similar 
reformation,  they  were  disposed  to  my  acquaintance, 
and  had  some  confidence  in  me.  I  urged  most 
strenuously  an  immediate  compromise;  to  secure 
what  the  government  was  now  ready  to  yield,  and 
trust  to  future  occasions  for  what  might  still  be 
wanting.  It  was  well  understood  that  the  King 
would  grant  at  this  time  i.  Freedom  of  the  person 
by  Habeas  corpus.  2.  Freedom  of  conscience.  3. 
Freedom  of  the  press.  4.  Trial  by  jury.  5.  A  repre- 


Thomas  Jefferson  139 

vSentative  legislature.  6.  Annual  meetings.  7.  The 
origination  of  laws.  8.  The  exclusive  right  of  taxa 
tion  and  appropriation.  And  9.  The  responsibility 
of  ministers;  and  with  the  exercise  of  these  powers 
they  would  obtain  in  future  whatever  might  be  fur 
ther  necessary  to  improve  and  preserve  their  con 
stitution.  They  thought  otherwise  however,  and 
events  have  proved  their  lamentable  error.  For 
after  30.  years  of  war,  foreign  and  domestic,  the  loss 
of  millions  of  lives,  the  prostration  of  private  happi 
ness,  and  foreign  subjugation  of  their  own  country 
for  a  time,  they  have  obtained  no  more,  nor  even 
that  securely.  They  were  unconscious  of  (for  who 
could  foresee?)  the  melancholy  sequel  of  their  well- 
meant  perseverance ;  that  their  physical  force  would 
be  usurped  by  a  first  tyrant  to  trample  on  the  inde- 
pendance,  and  even  the  existence,  of  other  nations: 
that  this  would  afford  fatal  example  for  the  atrocious 
conspiracy  of  Kings  against  their  people;  would 
generate  their  unholy  and  homicide  alliance  to  make 
common  cause  among  themselves,  and  to  crush,  by 
the  power  of  the  whole,  the  efforts  of  any  part,  to 
moderate  their  abuses  and  oppressions. 

When  the  King  passed,  the  next  day,  thro'  the 
lane  formed  from  the  Chateau  to  the  Hotel  des  etats, 
there  was  a  dead  silence.  He  was  about  an  hour  in 
-the  House  delivering  his  speech  &  declaration.  On 
his  coming  out  a  feeble  cry  of  ''Vive  le  Roy"  was 
raised  by  some  children,  but  the  people  remained 
silent  &  sullen.  In  the  close  of  his  speech  he 
had  ordered  that  the  members  should  follow  him, 
&  resume  their  deliberations  the  next  day.  The 


The  Writings  of  [1789 

Noblesse  followed  him,  and  so  did  the  clergy,  ex 
cept  about  thirty,  who,  with  the  tiers,  remained  in 
the  room,  and  entered  into  deliberation.  They  pro 
tested  against  what  the  King  had  done,  adhered  to 
all  their  former  proceedings,  and  resolved  the  in 
violability  of  their  own  persons.  An  officer  came 
to  order  them  out  of  the  room  in  the  King's  name. 
"  Tell  those  who  sent  you,  said  Mirabeau,  that  we 
shall  not  move  hence  but  at  our  own  will,  or  the 
point  of  the  bayonet."  In  the  afternoon  the  people, 
uneasy,  began  to  assemble  in  great  numbers  in  the 
courts,  and  vicinities  of  the  palace.  This  produced 
alarm.  The  Queen  sent  for  Mr.  Necker.  He  was 
conducted  amidst  the  shouts  and  acclamations  of 
the  multitude  who  filled  all  the  apartments  of  the 
palace.  He  was  a  few  minutes  only  with  the  queen, 
and  what  passed  between  them  did  not  transpire. 
The  King  went  out  to  ride.  He  passed  thro'  the 
crowd  to  his  carriage  and  into  it,  without  being  in  the 
least  noticed.  As  Mr.  Neckar  followed  him  universal 
acclamations  were  raised  of  "  vive  Monsr.  Neckar, 
vive  le  sauveur  de  la  France  opprime'e."  He  was 
conducted  back  to  his  house  with  the  same  demon 
strations  of  affection  and  anxiety.  About  200.  depu 
ties  of  the  Tiers,  catching  the  enthusiasm  of  the 
moment,  went  to  his  house,  and  extorted  from  him 
a  promise  that  he  would  not  resign.  On  the  25th. 
48.  of  the  Nobles  joined  the  tiers,  &  among  them  the 
D.  of  Orleans.  There  were  then  with  them  164  mem 
bers  of  the  Clergy,  altho'  the  minority  of  that  body 
still  sat  apart  &  called  themselves  the  chamber  of 
the  clergy.  On  the  26th.  the  Archbp.  of  Paris  joined 


1789]  Thomas  Jefferson  141 

the  tiers,  as  did  some  others  of  the  clergy  and  of  the 
Noblesse. 

These  proceedings  had  thrown  the  people  into 
violent  ferment.  It  gained  the  souldiery,  first  of  the 
French  guards,  extended  to  those  of  every  other  de 
nomination,  except  the  Swiss,  and  even  to  the  body 
guards  of  the  King.  They  began  to  quit  their  bar 
racks,  to  assemble  in  squads,  to  declare  they  would 
defend  the  life  of  the  King,  but  would  not  be  the 
murderers  of  their  fellow-citizens.  They  called 
themselves  the  souldiers  of  the  nation,  and  left  now 
no  doubt  on  which  side  they  would  be,  in  case  of 
rupture.  Similar  accounts  came  in  from  the  troops 
in  other  parts  of  the  kingdom,  giving  good  reason  to 
believe  they  would  side  with  their  fathers  and 
brothers  rather  than  with  their  officers.  The  opera 
tion  of  this  medicine  at  Versailles  was  as  sudden  as 
it  was  powerful.  The  alarm  there  was  so  compleat 
that  in  the  afternoon  of  the  27th.  the  King  wrote 
with  his  own  hand  letters  to  the  Presidents  of  the 
clergy  and  Nobles,  engaging  them  immediately  to 
join  the  Tiers.  These  two  bodies  were  debating  & 
hesitating  when  notes  from  the  Ct.  d'  Artois  decided 
their  compliance.  They  went  in  a  body  and  took 
their  seats  with  the  tiers,  and  thus  rendered  the 
union  of  the  orders  in  one  chamber  compleat. 

The  Assembly  now  entered  on  the  business  of 
their  mission,  and  first  proceeded  to  arrange,  the 
order  in  which  they  would  take  up  the  heads  of  their 
constitution,  as  follows: 

First,  and  as  Preliminary  to  the  whole  a  general 
Declaration  of  the  Rights  of  Man.  Then  specifically 


142  The  Writings  of  [1789 

the  Principles  of  the  Monarchy ;  rights  of  the  Nation ; 
rights  of  the  King;  rights  of  the  citizens;  organiza 
tion  &  rights  of  the  National  assembly ;  forms  neces 
sary  for  the  enactment  of  laws;  organization  & 
functions  of  the  provincial  &  municipal  assemblies; 
duties  and  limits  of  the  Judiciary  power;  functions 
&  duties  of  the  military  power. 

A  declaration  of  the  rights  of  man,  as  the  pre 
liminary  of  their  work,  was  accordingly  prepared  and 
proposed  by  the  Marquis  de  la  Fayette. 

But  the  quiet  of  their  march  was  soon  disturbed 
by  information  that  troops,  and  particularly  the 
foreign  troops,  were  advancing  on  Paris  from  various 
quarters.  The  King  had  been  probably  advised  to 
this  on  the  pretext  of  preserving  peace  in  Paris. 
But  his  advisers  were  believed  to  have  other  things 
in  contemplation.  The  Marshal  de  Broglio  was  ap 
pointed  to  their  command,  a  high  flying  aristocrat, 
cool  and  capable  of  everything.  Some  of  the  French 
guards  were  soon  arrested,  under  other  pretexts,  but 
really  on  account  of  their  dispositions  in  favor  of  the 
National  cause.  The  people  of  Paris  forced  their 
prison,  liberated  them,  and  sent  a  deputation  to  the 
Assembly  to  solicit  a  pardon.  The  Assembly  recom 
mended  peace  and  order  to  the  people  of  Paris,  the 
prisoners  to  the  King,  and  asked  from  him  the  re 
moval  of  the  troops.  His  answer  was  negative  and 
dry,  saying  they  might  remove  themselves,  if  they 
pleased,  to  Noyons  or  Soissons.  In  the  meantime 
these  troops,  to  the  number  of  twenty  or  thirty  thou 
sand,  had  arrived  and  were  posted  in,  and  between 
Paris  and  Versailles.  The  bridges  and  passes  were 


Thomas  Jefferson  143 

guarded.  At  three  o'clock  in  the  afternoon  of  the 
nth  July  the  Count  de  la  Luzerne  was  sent  to  notify 
Mr.  Neckar  of  his  dismission,  and  to  enjoin  him  to 
retire  instantly  without  saying  a  word  of  it  to  any 
body.  He  went  home,  dined,  and  proposed  to  his 
wife  a  visit  to  a  friend,  but  went  in  fact  to  his  country 
house  at  St.  Ouen,  and  at  midnight  set  out  for  Brus 
sels.  This  was  not  known  till  the  next  day,  i2th 
when  the  whole  ministry  was  changed,  except  Ville- 
deuil,  of  the  Domestic  department,  and  Barenton, 
Garde  des  sceaux.  The  changes  were  as  follows: 

The  Baron  de  Breteuil,  president  of  the  council  of 
finance;  de  la  Galaisiere,  Comptroller  general  in  the 
room  of  Mr.  Neckar;  the  Marshal  de  Broglio,  minis 
ter  of  War,  &  Foulon  under  him  in  the  room  of  Puy- 
Segur;  the  Duke  de  la  Vauguyon,  minister  of  foreign 
affairs  instead  of  the  Ct.  de  Montmorin;  de  La  Porte, 
minister  of  Marine,  in  place  of  the  Ct.  de  la  Luzerne; 
St.  Priest  was  also  removed  from  the  council.  Lu 
zerne  and  Puy-Segur  had  been  strongly  of  the  Aristo 
cratic  party  in  the  Council,  but  they  were  not  con 
sidered  as  equal  to  the  work  now  to  be  done.  The 
King  was  now  compleatly  in  the  hands  of  men,  the 
principal  among  whom  had  been  noted  thro'  their 
lives  for  the  Turkish  despotism  of  their  characters, 
and  who  were  associated  around  the  King  as  proper 
instruments  for  what  was  to  be  executed.  The  news 
of  this  change  began  to  be  known  at  Paris  about  i . 
or  2.  o'clock.  In  the  afternoon  a  body  of  about  100 
German  cavalry  were  advanced  and  drawn  up  in  the 
Place  Louis  XV.  and  about  200.  Swiss  posted  at  a 
little  distance  in  their  rear.  This  drew  people  to  the 


H4  The  Writings  of  [1789 

spot,  who  thus  accidentally  found  themselves  in 
front  of  the  troops,  merely  at  first  as  spectators; 
but  as  their  numbers  increased,  their  indignation 
rose.  They  retired  a  few  steps,  and  posted  them 
selves  on  and  behind  large  piles  of  stones,  large  and 
small,  collected  in  that  Place  for  a  bridge  which  was 
to  be  built  adjacent  to  it.  In  this  position,  happen 
ing  to  be  in  my  carriage  on  a  visit,  I  passed  thro'  the 
lane  they  had  formed,  without  interruption.  But 
the  moment  after  I  had  passed,  the  people  attacked 
the  cavalry  with  stones.  They  charged,  but  the  ad 
vantageous  position  of  the  people,  and  the  showers 
of  stones  obliged  the  horse  to  retire,  and  quit  the 
field  altogether,  leaving  one  of  their  number  on  the 
ground,  &  the  Swiss  in  their  rear  not  moving  to  their 
aid.  This  was  the  signal  for  universal  insurrection, 
and  this  body  of  cavalry,  to  avoid  being  massacred, 
retired  towards  Versailles.  The  people  now  armed 
themselves  with  such  weapons  as  they  could  find  in 
armorer's  shops  and  private  houses,  and  with  blud 
geons,  and  were  roaming  all  night  thro'  all  parts  of 
the  city,  without  any  decided  object.  The  next  day 
(i3th.)  the  assembly  pressed  on  the  king  to  send 
away  the  troops,  to  permit  the  Bourgeosie  of  Paris 
to  arm  for  the  preservation  of  order  in  the  city,  and 
offer[ed]  to  send  a  deputation  from  their  body  to 
tranquillize  them;  but  their  propositions  were  re 
fused.  A  committee  of  magistrates  and  electors  of 
the  city  are  appointed  by  those  bodies  to  take  upon 
them  it's  government.  The  people,  now  openly 
joined  by  the  French  guards,  force  the  prison  of  St. 
Lazare,  release  all  the  prisoners,  and  take  a  great 


1789]  Thomas  Jefferson  145 

store  of  corn,  which  they  carry  to  the  Corn-market. 
Here  they  get  some  arms,  and  the  French  guards 
begin  to  form  &  train  them.  The  City-committee 
determined  to  raise  48.000  Bourgeoise,  or  rather  to 
restrain  their  numbers  to  48.000.  On  the  i4th. 
they  send  one  of  their  members  (Mons.  de  Corny)  to 
the  Hotel  des  Invalides,  to  ask  arms  for  their  Garde- 
Bourgeoise.  He  was  followed  by,  and  he  found 
there  a  great  collection  of  people.  The  Governor  of 
the  Invalids  came  out  and  represented  the  impos 
sibility  of  his  delivering  arms  without  the  orders  of 
those  from  whom  he  received  them.  De  Corny  ad 
vised  the  people  then  to  retire,  and  retired  himself; 
but  the  people  took  possession  of  the  arms.  It  was 
remarkable  that  not  only  the  Invalids  themselves 
made  no  opposition,  but  that  a  body  of  5000.  for 
eign  troops,  within  400.  yards,  never  stirred.  M.  de 
Corny  and  five  others  were  then  sent  to  ask  arms  of 
M.  de  Launay,  governor  of  the  Bastile.  They  found 
a  great  collection  of  people  already  before  the  place, 
and  they  immediately  planted  a  flag  of  truce,  which 
was  answered  by  a  like  flag  hoisted  on  the  Parapet. 
The  deputation  prevailed  on  the  people  to  fall  back 
a  little,  advanced  themselves  to  make  their  demand 
of  the  Governor,  and  in  that  instant  a  discharge  from 
the  Bastile  killed  four  persons,  of  those  nearest  to 
the  deputies.  The  deputies  retired.  I  happened  to 
be  at  the  house  of  M.  de  Corny  when  he  returned 
to  it,  and  received  from  him  a  narrative  of  these 
transactions.  On  the  retirement  of  the  deputies, 
the  people  rushed  forward  &  almost  in  an  instant 
were  in  possession  of  a  fortification  defended  by  100. 


VOL.    I. — 10. 


146  The  Writings  of  [1789 

men  of  infinite  strength,  which  in  other  times  had 
stood  several  regular  sieges,  and  had  never  been 
taken.  How  they  forced  their  entrance  has  never 
been  explained.  They  took  all  the  arms,  discharged 
the  prisoners,  and  such  of  the  garrison  as  were  not 
killed  in  the  first  moment  of  fury,  carried  the  Gov 
ernor  and  Lt.  Governor  to  the  Place  de  Greve  (the 
place  of  public  execution)  cut  off  their  heads,  and 
sent  them  thro'  the  city  in  triumph  to  the  Palais 
royal.  About  the  same  instant  a  treacherous  corre 
spondence  having  been  discovered  in  M.  de  Flesselles, 
prevot  des  marchands,  they  seized  him  in  the  Hotel 
de  Ville  where  he  was  in  the  execution  of  his  office, 
and  cut  off  his  head.  These  events  carried  imper 
fectly  to  Versailles  were  the  subject  of  two  successive 
deputations  from  the  assembly  to  the  king,  to  both  of 
which  he  gave  dry  and  hard  answers  for  nobody  had 
as  yet  been  permitted  to  inform  him  truly  and  fully 
of  what  had  passed  at  Paris.  But  at  night  the  Duke 
de  Liancourt  forced  his  way  into  the  king's  bed 
chamber,  and  obliged  him  to  hear  a  full  and  ani 
mated  detail  of  the  disasters  of  the  day  in  Paris. 
He  went  to  bed  fearfully  impressed.  The  decapita 
tion  of  de  Launai  worked  powerfully  thro'  the  night 
on  the  whole  aristocratic  party,  insomuch  that,  in 
the  morning,  those  of  the  greatest  influence  on  the 
Count  d'Artois  represented  to  him  the  absolute  neces 
sity  that  the  king  should  give  up  everything  to  the 
Assembly.  This  according  with  the  dispositions  of 
the  king,  he  went  about  n.  o'clock,  accompanied 
only  by  his  brothers,  to  the  Assembly,  &  there  read 
to  them  a  speech,  in  which  he  asked  their  interpod- 


Thomas  Jefferson  147 

tion  to  re-establish  order.  Altho'  couched  in  terms 
of  some  caution,  yet  the  manner  in  which  it  was  de 
livered  made  it  evident  that  it  was  meant  as  a  sur 
render  at  discretion.  He  returned  to  the  Chateau 
afoot,  accompanied  by  the  assembly.  They  sent  off 
a  deputation  to  quiet  Paris,  at  the  head  of  which  was 
the  Marquis  de  la  Fayette  who  had,  the  same  morn 
ing,  been  named  Commandant  en  chef  of  the  Milice 
Bourgeoise,  and  Mons  Bailly,  former  President  of 
the  States  General,  was  called  for  as  Prevot  des  mar- 
chands.  The  demolition  of  the  Bastile  was  now 
ordered  and  begun.  A  body  of  the  Swiss  guards  of 
the  regiment  of  Ventimille,  and  the  city  horse  guards 
joined  the  people.  The  alarm  at  Versailles  increased. 
The  foreign  troops  were  ordered  off  instantly.  Every 
minister  resigned.  The  king  confirmed  Bailly  as 
Prevot  des  Marchands,  wrote  to  Mr.  Neckar  to  recall 
him,  sent  his  letter  open  to  the  assembly,  to  be  for 
warded  by  them,  and  invited  them  to  go  with  him  to 
Paris  the  next  day,  to  satisfy  the  city  of  his  disposi 
tions;  and  that  night,  and  the  next  morning  the 
Count  d'Artois  and  M.  de  Montesson  a  deputy  con 
nected  with  him,  Madame  de  Polignac,  Madame  de 
Quiche,  and  the  Count  de  Vaudreuil,  favorites  of 
the  queen,  the  Abbe  de  Vermont,  her  confessor,  the 
Prince  of  Conde  and  Duke  of  Bourbon  fled.  The 
king  came  to  Paris,  leaving  the  queen  in  consterna 
tion  for  his  return.  Omitting  the  less  important 
figures  of  the  procession,  the  king's  carriage  was  in 
the  center,  on  each  side  of  it  the  assembly,  in  two 
ranks  afoot,  at  their  head  the  M.  de  la  Fayette,  as 
Commander-in-chief,  on  horseback,  and  Bourgeois 


148  The  Writings  of  ,      [1789 

guards  before  and  behind.  About  60.000  citizens  of 
all  forms  and  conditions,  armed  with  the  muskets  of 
the  Bastile  and  Invalids,  as  far  as  they  would  go, 
the  rest  with  pistols,  swords,  pikes,  pruning  hooks, 
scythes,  &c.  lined  all  the  streets  thro'  which  the 
procession  passed,  and  with  the  crowds  of  people  in 
the  streets,  doors  &  windows,  saluted  them  every 
where  with  cries  of  "vive  la  nation,"  but  not  a 
single  "vive  le  roy  "  was  heard.  The  King  landed 
at  the  Hotel  de  Ville.  There  M.  Bailly  presented 
and  put  into  his  hat  the  popular  cockade,  and  ad 
dressed  him.  The  King  being  unprepared,  and  un 
able  to  answer,  Bailly  went  to  him,  gathered  from 
him  some  scraps  of  sentences,  and  made  out  an  an 
swer,  which  he  delivered  to  the  audience  as  from  the 
king.  On  their  return  the  popular  cries  were  "vive 
le  roy  et  la  nation."  He  was  conducted  by  a  garde 
bourgeoise  to  his  palace  at  Versailles,  &  thus  con 
cluded  an  amende  honorable  as  no  sovereign  ever 
made,  and  no  people  ever  received. 

And  here  again  was  lost  another  precious  occasion 
of  sparing  to  France  the  crimes  and  cruelties  thro' 
which  she  has  since  passed,  and  to  Europe,  &  finally 
America  the  evils  which  flowed  on  them  also  from 
this  mortal  source.  The  king  was  now  become  a 
passive  machine  in  the  hands  of  the  National  Assem 
bly,  and  had  he  been  left  to  himself,  he  would  have 
willingly  acquiesced  in  whatever  they  should  devise 
as  best  for  the  nation.  A  wise  constitution  would 
have  been  formed,  hereditary  in  his  line,  himself 
placed  at  it's  head,  with  powers  so  large  as  to  enable 
him  to  do  all  the  good  of  his  station,  and  so  limited 


Thomas  Jefferson  149 

as  to  restrain  him  from  it's  abuse!  This  he  would 
have  faithfully  administered,  and  more  than  this  1 
do  not  believe  he  ever  wished.  But  he  had  a  Queen 
of  absolute  sway  over  his  weak  mind,  and  timid  vir 
tue  ;  and  of  a  character  the  reverse  of  his  in  all  points. 
This  angel,  as  gaudily  painted  in  the  rhapsodies  of 
the  Rhetor  Burke,  with  some  smartness  of  fancy,  but 
no  sound  sense  was  proud,  disdainful  of  restraint, 
indignant  at  all  obstacles  to  her  will,  eager  in  the 
pursuit  of  pleasure,  and  firm  enough  to  hold  to  her 
desires,  or  perish  in  their  wreck.  Her  inordinate 
gambling  and  dissipations,  with  those  of  the  Count 
d'Artois  and  others  of  her  clique,  had  been  a  sensible 
item  in  the  exhaustion  of  the  treasury,  which  called 
into  action  the  reforming  hand  of  the  nation;  and 
her  opposition  to  it  her  inflexible  perverseness,  and 
dauntless  spirit,  led  herself  to  the  Guillotine,  &  drew 
the  king  on  with  her,  and  plunged  the  world  into 
crimes  &  calamities  which  will  forever  stain  the 
pages  of  modern  history.  I  have  ever  believed  that 
had  there  been  no  queen,  there  would  have  been  no 
revolution.  No  force  would  have  been  provoked  . 
nor  exercised.  The  king  would  have  gone  hand  in 
hand  with  the  wisdom  of  his  sounder  counsellors, 
who,  guided  by  the  increased  lights  of  the  age,  wished 
only,  with  the  same  pace,  to  advance  the  principles 
of  their  social  institution.  The  deed  which  closed  ' 
the  mortal  course  of  these  sovereigns,  I  shall  neither 
approve  nor  condemn.  I  am  not  prepared  to  say 
that  the  first  magistrate  of  a  nation  cannot  commit 
treason  against  his  country,  or  is  unamenable  to  it's 
punishment:  nor  yet  that  where  there  is  no  written 


150  The  Writings  of 

law,  no  regulated  tribunal,  there  is  not  a  law  in  our 
hearts,  and  a  power  in  our  hands,  given  for  righteous 
employment  in  maintaining  right,  and  redressing 
wrong.  Of  those  who  judged  the  king,  many  thought 
him  wilfully  criminal,  many  that  his  existence  would 
keep  the  nation  in  perpetual  conflict  with  the  horde 
of  kings,  who  would  war  against  a  regeneration 
which  might  come  home  to  themselves,  and  that  it 
were  better  that  one  should  die  than  all.  I  should 
not  have  voted  with  this  portion  of  the  legislature. 
I  should  have  shut  up  the  Queen  in  a  Convent,  put 
ting  harm  out  of  her  power,  and  placed  the  king  in 
his  station,  investing  him  with  limited  powers,  which 
I  verily  believe  he  would  have  honestly  exercised, 
according  to  the  measure  of.  his  understanding.  In 
this  way  no  void  would  have  been  created,  courting 
the  usurpation  of  a  military  adventurer,  nor  occa 
sion  given  for  those  enormities  which  demoralized 
the  nations  of  the  world,  and  destroyed,  and  is  yet 
to  destroy  millions  and  millions  of  it's  inhabitants. 
There  are  three  epochs  in  history  signalized  by  the 
total  extinction  of  national  morality.  The  first  was 
of  the  successors  of  Alexander,  not  omitting  himself. 
The  next  the  successors  of  the  first  Caesar,  the  third 
our  own  age.  This  was  begun  by  the  partition  of 
Poland  followed  by  that  of  the  treaty  of  Pilnitz 
next  the  conflagration  of  Copenhagen;  then  the 
enormities  of  Bonaparte  partitioning  the  earth  at  his 
will,  and  devastating  it  with  fire  and  sword;  now 
the  conspiracy  of  kings,  the  successors  of  Bonaparte, 
blasphemously  calling  themselves  the  Holy  Alliance, 
and  treading  in  the  footsteps  of  their  incarcerated 


Thomas  Jefferson  151 

leader,  not  yet  indeed  usurping  the  government  of 
other  nations  avowedly  and  in  detail,  but  controuling 
by  their  armies  the  forms  in  which  they  will  permit 
them  to  be  governed;  and  reserving  in  petto  the 
order  and  extent  of  the  usurpations  further  medi 
tated.  But  I  will  return  from  a  digression,  antici 
pated  too  in  time,  into  which  I  have  been  led  by 
reflection  on  the  criminal  passions  which  refused  to 
the  world  a  favorable  occasion  of  saving  it  from  the 
afflictions  it  has  since  suffered. 

M.  Necker  had  reached  Basle  before  he  was  over 
taken  by  the  letter  of  the  king,  inviting  him  back  to 
resume  the  office  he  had  recently  left.  He  returned 
immediately,  and  all  the  other  ministers  having  re 
signed,  a  new  administration  was  named,  to  wit  St. 
Priest  &  Montmorin  were  restored;  the  Archbishop 
of  Bordeaux  was  appointed  Garde  des  sceaux;  La 
Tour  du  Pin  Minister  of  War;  La  Luzerne  Minister 
of  Marine.  This  last  was  believed  to  have  been 
effected  by  the  friendship  of  Montmorin;  for  altho' 
differing  in  politics,  they  continued  firm  in  friend 
ship,  &  Luzerne,  altho'  not  an  able  man  was  thought 
an  honest  one.  And  the  Prince  of  Bauvau  was  taken 
into  the  Council. 

Seven  princes  of  the  blood  royal,  six  ex-ministers, 
and  many  of  the  high  Noblesse  having  fled,  and  the 
present  ministers,  except  Luzerne,  being  all  of  the 
popular  party,  all  the  functionaries  of  government 
moved  for  the  present  in  perfect  harmony. 

In  the  evening  of  Aug.  4.  and  on  the  motion  of 
the  Viscount  de  Noailles  brother  in  law  of  La  Fay- 
ette,  the  assembly  abolished  all  titles  of  rank,  all  the 


i52  The  Writings  of  [1789 

abusive  privileges  of  feudalism,  the  tythes  and  casu 
als  of  the  clergy,  all  provincial  privileges,  and,  in  fine, 
the  Feudal  regimen  generally.  To  the  suppression 
of  tythes  the  Abbe  Sieves  was  vehemently  opposed ; 
but  his  learned  and  logical  arguments  were  un 
heeded,  and  his  estimation  lessened  by  a  contrast 
of  his  egoism  (for  he  was  beneficed  on  them)  with  the 
generous  abandonment  of  rights  by  the  other  mem 
bers  of  the  assembly.  Many  days  were  employed  in 
putting  into  the  form  of  laws  the  numerous  demoli 
tions  of  ancient  abuses;  which  done,  they  proceeded 
to  the  preliminary  work  of  a  Declaration  of  rights. 
There  being  much  concord  of  sentiment  on  the  ele 
ments  of  this  instrument,  it  was  liberally  framed, 
and  passed  with  a  very  general  approbation.  They 
then  appointed  a  Committee  for  the  reduction  of  a 
pro  jet  of  a  Constitution,  at  the  head  of  which  was 
the  Archbishop  of  Bordeaux.  I  received  from  him, 
as  Chairman  of  the  Commitee  a  letter  of  July  20. 
requesting  me  to  attend  and  assist  at  their  delib 
erations;  but  I  excused  myself  on  the  obvious  con 
siderations'  that  my  mission  was  to  the  king  as  Chief 
Magistrate  of  the  nation,  that  my  duties  were  limited 
to  the  concerns  of  my  own  country,  and  forbade  me 
to  intermeddle  with  the  internal  transactions  of  that 
in  which  I  had  been  received  under  a  specific  charac 
ter  only.  Their  plan  of  a  constitution  was  discussed 
in  sections,  and  so  reported  from  time  to  time,  as 
agreed  to  by  the  Committee.  The  first  respected  the 
general  frame  of  the  government;  and  that  this 
should  be  formed  into  three  departments,  Executive, 
Legislative  and  Judiciary  was  generally  agreed.  But 


*789]  Thomas  Jefferson  153 

when  they  proceeded  to  subordinate  developments, 
many  and  various  shades  of  opinion  came  into  con 
flict,  and  schism,  strongly  marked,  broke  the  Pa 
triots  into  fragments  of  very  discordant  principles. 
The  first  question  Whether  there  should  be  a  king, 
met  with  no  open  opposition,  and  it  was  readily 
agreed  that  the  government  of  France  should  be 
monarchical  &  hereditary.  Shall  the  king  have  a 
negative  on  the  laws?  shall  that  negative  be  absolute, 
or  suspensive  only?  Shall  there  be  two  chambers 
of  legislation  ?  or  one  only  ?  If  two,  shall  one  of  them 
be  hereditary?  or  for  life?  or  for  a  fixed  term?  and 
named  by  the  king  ?  or  elected  by  the  people  ?  These 
questions  found  strong  differences  of  opinion,  and 
produced  repulsive  combinations  among  the  Patriots. 
The  Aristocracy  was  cemented  by  a  common  prin 
ciple  of  preserving  the  ancient  regime,  or  whatever 
should  be  nearest  to  it.  Making  this  their  Polar 
star,  they  moved  in  phalanx,  gave  preponderance 
on  every  question  to  the  minorities  of  the  Patriots, 
and  always  to  those  who  advocated  the  least  change. 
\  The  features  of  the  new  constitution  were  thus  as- 
suming  a  fearful  aspect,  and  great  alarm  was  pro 
duced  among  the  honest  patriots  by  these  dissensions 
in  their  ranks.  In  this  uneasy  state  of  things,  I  re 
ceived  one  da^7  a  note  from  the  Marquis  de  la  Fay- 
ette,  informing  me  that  he  should  bring  a  party  of 
six  or  eight  friends  to  ask  a  dinner  of  me  the  next 
day.  I  assured  him  of  their  welcome.  When  they 
arrived,  they  were  La  Fayette  himself,  Duport, 
Barnave,  Alexander  La  Meth,  Blacon,  Mounier,  Mau- 
bourg,  and  Dagout.  These  were  leading  patriots, 


154  The  Writings  of  [1789 

of  honest  but  differing  opinions  sensible  of  the  ne 
cessity  of  effecting  a  coalition  by  mutual  sacrifices, 
knowing  each  other,  and  not  afraid  therefore  to  un 
bosom  themselves  mutually.  This  last  was  a  mate 
rial  principle  in  the  selection.  With  this  view  the 
Marquis  had  invited  the  conference  and  had  fixed  the 
time  &  place  inadvertently  as  to  the  embarrassment 
under  which  it  might  place  me.  The  cloth  being  re 
moved  and  wine  set  on  the  table,  after  the  American 
manner,  the  Marquis  introduced  the  objects  of  the 
conference  by  summarily  reminding  them  of  the 
state  of  things  in  the  Assembly,  the  course  which 
the  principles  of  the  constitution  were  taking,  and 
the  inevitable  result,  unless  checked  by  more  concord 
among  the  Patriots  themselves.  He  observed  that 
altho'  he  also  had  his  opinion,  he  was  ready  to  sacri 
fice  it  to  that  of  his  brethren  of  the  same  cause :  but 
that  a  common  opinion  must  now  be  formed,  or  the 
Aristocracy  would  carry  everything,  and  that  what 
ever  they  should  now  agree  on,  he,  at  the  head  of  the 
National  force,  would  maintain.  The  discussions 
began  at  the  hour  of  four,  and  were  continued  till 
ten  o'clock  in  the  evening;  during  which  time  I  was 
a  silent  witness  to  a  coolness  and  candor  of  argu 
ment  unusual  in  the  conflicts  of  political  opinion; 
to  a  logical  reasoning,  and  chaste  eloquence,  disfig 
ured  by  no  gaudy  tinsel  of  rhetoric  or  declamation, 
and  truly  worthy  of  being  placed  in  parallel  with  the 
finest  dialogues  of  antiquity,  as  handed  to  us  by 
Xenophon,  by  Plato  and  Cicero.  The  result  was  an 
agreement  that  the  king  should  have  a  suspensive 
veto  on  the  laws,  that  the  legislature  should  be  com- 


Thomas  Jefferson  155 

posed  of  a  single  body  only,  £  that  to  be  chosen  by 
the  people.  This  Concordate  decided  the  fate  of  the 
constitution.  The  Patriots  all  rallied  to  the  prin 
ciples  thus  settled,  carried  every  question  agreeably 
to  them,  and  reduced  the  Aristocracy  to  insignifi 
cance  and  impotence.  But  duties  of  exculpation 
were  now  incumbent  on  me.  I  waited  on  Count 
Montmorin  the  next  morning,  and  explained  to  him 
with  truth  and  candor  how  it  had  happened  that  my 
house  had  been  made  the  scene  of  conferences  of  such 
a  character.  He  told  me  he  already  knew  everything 
which  had  passed,  that,  so  far  from  taking  umbrage 
at  the  use  made  of  my  house  on  that  occasion,  he 
earnestly  wished  I  would  habitually  assist  at  such 
conferences,  being  sure  I  should  be  useful  in  moderat 
ing  the  warmer  spirits,  and  promoting  a  wholesome 
and  practicable  reformation  only.  I  told  him  I 
knew  too  well  the  duties  I  owed  to  the  king,  to  the 
nation,  and  to  my  own  country  to  take  any  part  in 
councils  concerning  their  internal  government,  and 
that  I  should  persevere  with  care  in  the  character  of 
a  neutral  and  passive  spectator,  with  wishes  only 
and  very  sincere  ones,  that  those  measures  might 
prevail  which  would  be  for  the  greatest  good  of  the 
nation.  I  have  no  doubt  indeed  that  this  conference 
was  previously  known  and  approved  by  this  honest 
minister,  who  was  in  confidence  and  communication 
with  the  patriots,  and  wished  for  a  reasonable  reform 
of  the  Constitution. 

Here  I  discontinue  my  relation  of  the  French  revo 
lution.     The  minuteness  with  which  I  have  so  far    - 
given  it's  details  is  disproportioned  to  the  general 


i56  The  Writings  of  [1789 

i_  scale  of  my  narrative.  But  I  have  thought  it  justified 
by  the  interest  which  the  whole  world  must  take  in 
this  revolution.  As  yet  we  are  but  in  the  first  chapter 
of  it's  history.  The  appeal  to  the  rights  of  man, 
which  had  been  made  in  the  U  S.  was  taken  up  by 
France,  first  of  the  European  nations.  From  her  the 
spirit  has  spread  over  those  of  the  South.  The  ty 
rants  of  the  North  have  allied  indeed  against  it,  but  it 
is  irresistible.  Their  opposition  will  only  multiply 
it's  millions  of  human  victims;  their  own  satellites 
will  catch  it,  and  the  condition  of  man  thro'  the 
civilized  world  will  be  finally  and  greatly  ameliorated. 
This  is  a  wonderful  instance  of  great  events  from 
small  causes.  So  inscrutable  is  the  arrangement  of 
causes  &  consequences  in  this  world  that  a  two-penny 
duty  on  tea,  unjustly  imposed  in  a  sequestered  part 
of  it,  changes  the  condition  of  all  it's  inhabitants.  I 
have  been  more  minute  in  relating  the  early  trans 
actions  of  this  regeneration  because  I  was  in  circum 
stances  peculiarly  favorable  for  a  knowledge  of  the 
truth.  Possessing  the  confidence  and  intimacy  of 
the  leading  patriots,  &  more  than  all  of  the  Marquis 
Fayette,  their  head  and  Atlas,  who  had  no  secrets 
from  me,  I  learnt  with  correctness  the  views  &  pro 
ceedings  of  that  party;  while  my  intercourse  with 
the  diplomatic  missionaries  of  Europe  at  Paris,  all  of 
them  with  the  court,  and  eager  in  prying  into  it's 
councils  and  proceedings,  gave  me  a  knolege  of  these 
also.  My  information  was  always  and  immediately 
committed  to  writing,  in  letters  to  Mr.  Jay,  and  often 
to  my  friends,  and  a  recurrence  to  these  letters  now 
insures  me  against  errors  of  memory. 


i?89]  Thomas  Jefferson  157 

These  opportunities  of  information  ceased  at  this 
period,  with  my  retirement  from  this  interesting  scene 
of  action.  I  had  been  more  than  a  year  soliciting 
leave  to  go  home  with  a  view  to  place  my  daughters 
in  the  society  &  care  of  their  friends,  and  to  return 
for  a  short  time  to  my  station  at  Paris.  But  the 
metamorphosis  thro'  which  our  government  was 
then  passing  from  it's  Chrysalid  to  it's  Organic  form 
suspended  it's  action  in  a  great  degree;  and  it  was 
not  till  the  last  of  August  that  I  received  the  permis 
sion  I  had  asked. — And  here  I  cannot  leave  this  great 
and  good  country  without  expressing  my  sense  of  it's 
preeminence  of  character  among  the  nations  of  the 
earth.  A  more  benevolent  people,  I  have  never 
known,  nor  greater  warmth  &  devotedness  in  their 
select  friendships.  Their  kindness  and  accommoda 
tion  to  strangers  is  unparalleled,  and  the  hospitality 
of  Paris  is  beyond  anything  I  had  conceived  to  be 
practicable  in  a  large  city.  Their  eminence  too  in 
science,  the  communicative  dispositions  of  their  scien 
tific  men,  the  politeness  of  the  general  manners,  the 
ease  and  vivacity  of  their  conversation,  give  a  charm 
to  their  society  to  be  found  nowhere  else.  In  a  com 
parison  of  this  with  other  countries  we  have  the  proof 
of  primacy,  which  was  given  to  Themistocles  after  the 
battle  of  Salamis.  Every  general  voted  to  himself  the 
first  reward  of  valor,  and  the  second  to  Themistocles. 
So  ask  the  travelled  inhabitant  of  any  nation,  In  what 
country  on  earth  would  you  rather  live  ? — Certainly  in 
my  own,  where  are  all  my  friends,  my  relations,  and  the 
earliest  &  sweetest  affections  and  recollections  of  my 
life.  Which  would  be  your  second  choice?  France. 


158  The  Writings  of  [1789 

On  the  26th.  of  Sep.  I  left  Paris  for  Havre,  where 
I  was  detained  by  contrary  winds  until  the  8th.  of  Oct. 
On  that  day,  and  the  gth.  I  crossed  over  to  Cowes, 
where  I  had  engaged  the  Clermont,  Capt.  Colley,  to 
touch  for  me.  She  did  so,  but  here  again  we  were 
detained  by  contrary  winds  until  the  22d.  when  we 
embarked  and  landed  at  Norfolk  on  the  23d.  of  No 
vember.  On  my  way  home  I  passed  some  days  at 
Eppington  in  Chesterfield,  the  residence  of  my  friend 
and  connection,  Mr.  Eppes,  and,  while  there,  I  re 
ceived  a  letter  from  the  President,  Genl.  Washington, 
by  express,  covering  an  appointment  to  be  Secretary 
of  State.  I  received  it  with  real  regret.  My  wish 
had  been  to  return  to  Paris,  where  I  had  left  my 
household  establishment,  as  if  there  myself,  and  to 
see  the  end  of  the  Revolution,  which,  I  then  thought 
would  be  certainly  and  happily  closed  in  less  than  a 
year.  I  then  meant  to  return  home,  to  withdraw 
from  Political  life,  into  which  I  had  been  impresed 
by  the  circumstances  of  the  times,  to  sink  into  the 
bosom  of  my  family  and  friends,  and  devote  myself 
to  studies  more  congenial  to  my  mind.  In  my  answer 
of  Dec.  15.1  expressed  these  dispositions  candidly  to 
the  President,  and  my  preference  of  a  return  to  Paris; 
but  assured  him  that  if  it  was  believed  I  could  be 
more  useful  in  the  administration  of  the  government, 
I  would  sacrifice  my  own  inclinations  without  hesita 
tion,  and  repair  to  that  destination;  this  I  left  to  his 
decision.  I  arrived  at  Monticello  on  the  23d.  of  Dec. 
where  I  received  a  second  letter  from  the  President, 
expressing  his  continued  wish  that  I  should  take  my 
station  there,  but  leaving  me  still  at  liberty  to  con- 


1 79°]  Thomas  Jefferson  159 

tinue  in  my  former  office,  if  I  could  not  reconcile  my 
self  to  that  now  proposed.  This  silenced  my  re 
luctance,  and  I  accepted  the  new  appointment. 

In  the  interval  of  my  stay  at  home  my  eldest 
daughter  had  been  happily  married  to  the  eldest  son  ' 
of  the  Tuckahoe  branch  of  Randolphs,  a  young  gen 
tleman  of  genius,  science  and  honorable  mind,  who 
afterwards  filled  a  dignified  station  in  the  General 
Government,  &  the  most  dignified  in  his  own  State. 
I  left  Monticello  on  the  ist  of  March  1790.  for  New 
York.  At  Philadelphia  I  called  on  the  venerable  and 
beloved  Franklin.  He  was  then  on  the  bed  of  sick 
ness  from  which  he  never  rose.  My  recent  return 
from  a  country  in  which  he  had  left  so  many  friends, 
and  the  perilous  convulsions  to  which  they  had  been 
exposed,  revived  all  his  anxieties  to  know  what  part 
they  had  taken,  what  had  been  their  course,  and  what 
their  fate.  He  went  over  all  in  succession,  with  a 
rapidity  and  animation  almost  too  much  for  his 
strength.  When  all  his  inquiries  were  satisfied,  and 
a  pause  took  place,  I  told  him  I  had  learnt  -with  much 
pleasure  that,  since  his  return  to  America,  he  had 
been  occupied  in  preparing  for  the  world  the  history 
of  his  own  life.  I  cannot  say  much  of  that,  said  he; 
but  I  will  give  you  a  sample  of  what  I  shall  leave: 
and  he  directed  his  little  grandson  (William  Bache) 
who  was  standing  by  the  bedside,  to  hand  him  a  paper 
from  the  table  to  which  he  pointed.  He  did  so ;  and 
the  Doctr.  putting  it  into  my  hands,  desired  me  to 
take  it  and  read  it  at  my  leisure.  It  was  about  a 
quire  of  folio  paper,  written  in  a  large  and  running 

1  Thomas  Mann  Randolph. 


160  The  Writings  of  [1790 

hand  very  like  his  own.  I  looked  into  it  slightly, 
then  shut  it  and  said  I  would  accept  his  permission 
to  read  it  and  would  carefully  return  it.  He  said, 
"no,  keep  it."  Not  certain  of  his  meaning,  I  again 
looked  into  it,  folded  it  for  my  pocket,  and  said  again, 
I  would  certainly  return  it.  "No,"  said  he,  "keep 
it."  I  put  it  into  my  pocket,  and  shortly  after  took 
leave  of  him.  He  died  on  the  iyth,  of  the  ensuing 
month  of  April;  and  as  I  understood  that  he  had 
bequeathed  all  his  papers  to  his  grandson  William 
Temple  Franklin,  I  immediately  wrote  to  Mr.  Franklin 
to  inform  him  I  possessed  this  paper,  which  I  should 
consider  as  his  property,  and  would  deliver  to  his 
order.  He  came  on  immediately  to  New  York, 
called  on  me  for  it,  and  I  delivered  it  to  him.  As  he 
put  it  into  his  pocket,  he  said  carelessly  he  had  either 
the  original,  or  another  copy  of  it,  I  do  not  recollect 
which.  This  last  expression  struck  my  attention 
forcibly,  and  for  the  first  time  suggested  to  me  the 
thought  that  Dr.  Franklin  had  meant  it  as  a  confi 
dential  deposit  in  my  hands,  and  that  I  had  done 
wrong  in  parting  from  it.  I  have  not  yet  seen  the 
collection  he  published  of  Dr.  Franklin's  works,1  and 
therefore  know  not  if  this  is  among  them.  I  have 
been  told  it  is  not.  It  contained  a  narrative  of  the 
negotiations  between  Dr.  Franklin  and  the  British 
Ministry,  when  he  was  endeavoring  to  prevent  the 
contest  of  arms  which  followed.  The  negotiation 
was  brought  about  by  the  intervention  of  Ld.  Howe 
and  his  sister,  who,  I  believe,  was  called  Lady  Howe, 
but  I  may  misremember  her  title.  Ld.  Howe  seems 

1  It  was  printed  in  that  edition. 


179°]  Thomas  Jefferson  161 

to  have  been  friendly  to  America,  and  exceedingly 
anxious  to  prevent  a  rupture.  His  intimacy  with  Dr. 
Franklin,  and  his  position  with  the  Ministry  induced 
him  to  undertake  a  mediation  between  them;  in 
which  his  sister  seemed  to  have  been  associated. 
They  carried  from  one  to  the  other,  backwards  and 
forwards,  the  several  propositions  and  answers  which 
past,  and  seconded  with  their  own  intercessions  the 
importance  of  mutual  sacrifices  to  preserve  the  peace 
&  connection  of  the  two  countries.  I  remember  that 
Ld.  North's  answers  were  dry,  unyielding,  in  the 
spirit  of  unconditional  submission,  and  betrayed  an 
absolute  indifference  to  the  occurrence  of  a  rupture; 
and  he  said  to  the  mediators  distinctly,  at  last  that 
"  a  rebellion  was  not  to  be  deprecated  on  the  part  of 
Great  Britain;  that  the  confiscations  it  would  pro 
duce,  would  provide  for  many  of  their  friends."1 
This  expression  was  reported  by  the  mediators  to 
Dr.  Franklin,  and  indicated  so  cool  and  calculated  a 
purpose  in  the  Ministry,  as  to  render  compromise 
hopeless,  and  the  negotiation  was  discontinued.  If 
this  is  not  among  the  papers  published,  we  ask  what 
has  become  of  it  ?  I  delivered  it  with  my  own  hands 
into  those  of  Temple  Franklin.  It  certainly  estab 
lished  views  so  atrocious  in  the  British  government 
that  it's  suppression  would  to  them  be  worth  a  great 
price.  But  could  the  grandson  of  Dr.  Franklin  be  in 
such  degree  an  accomplice  in  the  parricide  of  the 
memory  of  his  immortal  grandfather?  The  suspen 
sion  for  more  than  20.  years  of  the  general  publication 

1  Neither  this  expression,  nor  any  of  Lord  North's,  were  given  in 
Franklin's  narrative.     Cf.  Bigelow's  Writings  of  Franklin,  v.  440. 


VOL      I.  — II. 


1 62  Writings  of  Jefferson  [1790 

bequeathed  and  confided  to  him,  produced  for  awhile 
hard  suspicions  against  him :  and  if  at  last  all  are  not 
published,  a  part  of  these  suspicions  may  remain 
with  some. 

I  arrived  at  New  York  on  the  2ist.  of  Mar.  where 
Congress  was  in  session. 

.  So  far  July  29.  21. 


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